Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Collapse of substratum
  • 24 May 2022

    WA-28NCC-611-09/2021 (Mahkamah Tinggi)

    Citation
    WA-28NCC-611-09/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-28NCC-611-09/2021 (Mahkamah Tinggi)

    The court found on the evidence that the company ceased its sole business (hotel operations) from January 2019 and had suspended business for more than a year, the substratum of the joint-venture had therefore collapsed and there was an irretrievable breakdown of mutual trust and confidence; accordingly it was just and equitable to wind up the company under ss.465(1)(c) and (h). The nominated liquidator was lawfully appointed (Ministerial approval and no statutory disqualification established) and appointment would not automatically nullify the pending civil suit which the liquidator can cont…