Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 582 companies act 2016

Legal area

Court

11 Mar 2025

PEMPETISYEN Concrewall Building System (IBS) SDN. BHD. Z & Z BINA SDN. BHD. PENCELAH Kontrek Shahdan Sdn Bhd. (in Liquidation)

Citation

WA-28NCC-367-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-367-04/2024 (Mahkamah Tinggi)

Because the Respondent admitted receipt of the statutory notice, failed to show substantial injustice or a bona fide dispute as to the debt, and had been aware and active in prior proceedings, the Court exercised its power under s582 to validate the proceedings despite the irregularity of service and granted the winding-up orders with costs.
1 Jan 1900

LYSAGHT (MALAYSIA) SDN BHD LIEW SWEE MIO @ LIEW HOI FOO

Citation

WA-24NCC-474-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-474-09/2019 (Mahkamah Tinggi)

The court exercised its discretion under s.582 CA 2016 to validate the two inquorate board resolutions because they were procedural irregularities aimed solely at regularizing statutory compliance, the defendant failed to prove any substantial injustice that could not be remedied, and the preliminary objection to the deponent was dismissed.