Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Stay of winding-up order

Legal area

Court

15 Aug 2024

ASMAR HAIZA BINTI ISHAK BRILLIANCE INFORMATION SDN. BHD. PEMPETISYEN PAE NATIONAL SECURITY SOLUTIONS LLC

Citation

WA-28PW-129-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-129-03/2024 (Mahkamah Tinggi)

The applicant failed to prove special circumstances under s.492; the Official Receiver's report established the Respondent is commercially insolvent with negative realisable assets, making a stay contrary to creditors' interests; the application repeated arguments already dismissed in a prior stay application and is therefore barred by res judicata and an abuse of process; the application is dismissed with costs of RM10,000.00.
18 Jan 2024

OOI LEE WEI (A contributory of the Respondent) HUP HUAT CONSTRUCTION AND ENGINEERING SDN. BHD. (IN LIQUIDATION) PENCELAH PECCA LEATHER SDN BHD

Citation

RA-28PW-4-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

RA-28PW-4-05/2023 (Mahkamah Tinggi)

The Liquidator's interlocutory application to admit the late affidavit and to file further affidavit lacked merit and was dismissed; because the main application (Enclosure 11) was subsequently disposed by the Court which granted the stay of the Winding Up Order on specific terms, the Liquidator's appeal against the interlocutory dismissal became academic and was disposed accordingly.