29 Jul 2025
PILECON ENGINEERING BERHAD 1. ) CAHAYA KELANG CONSTRUCTION SDN BHD 2. ) PNSB ACMAR SDN BHD
- Citation
- B-02(NCC)(A)-2117-11/2022 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- B-02(NCC)(A)-2117-11/2022 (Mahkamah Rayuan)
The appeal is dismissed because the appellant's Board Resolution amounted to an undue preference in the twilight period before Prizegard's winding up and is void under the applicable Companies Act (CA 1965 s.293); there was no valid written assignment by Prizegard as required by law (Civil Law Act s.4(3)); and the Deeds' restrictive clauses confined Prizegard's remedy to suing only the first respondent, so the appellant had no cause of action against the second respondent.