Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 366 companies act 2016

Legal area

Court

30 Oct 2025

AMBANK (M) BERHAD GULA PERAK BHD (DALAM LIKUIDASI)

Citation

B-02(IM)(NCC)-491-03/2023 (Mahkamah Rayuan)
Court

IM
Case number

B-02(IM)(NCC)-491-03/2023 (Mahkamah Rayuan)

The Court of Appeal held the ex parte leave application and the subsequent sanction were flawed: the leave application was not made bona fide and constituted an abuse of process designed to release the guarantor and derail bankruptcy proceedings; certain proofs of debt were improperly admitted and votes of an interested guarantor and connected parties distorted the voting pool so that, when discounted, the scheme failed the mandatory 75% approval threshold; the High Court's sanction judgment was non‑speaking and failed to apply required legal criteria. Therefore the August 2022, March 2023 an…
30 Nov 2023

TH HEAVY ENGINEERING BERHAD PENCELAH 1. ) Globalmariner Offshore Services Sdn Bhd 2. ) Boomslang Technology Sdn Bhd 3. ) Dynac Sdn Bhd

Citation

WA-24NCC-403-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-403-07/2023 (Mahkamah Tinggi)

Withdrawal applications were allowed because the proceedings were not at an advanced stage, the respondents were not dominus litis in respect of the first‑stage application, and allowing withdrawal caused less prejudice than requiring the redundant continuation of the proceedings; parties to bear their own costs.