Malaysia Case Law: Decisions & Judgments

Topic

Winding up petitions

Legal area

Court

9 Dec 2024

ASM DEVELOPMENT SDN BHD PENCELAH DICADANGKAN BADAN PENGURUSAN BERSAMA LINGKARAN MAJU

Citation

WA-24NCC-316-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-316-07/2024 (Mahkamah Tinggi)

The convening and ancillary restraining orders were refused because ASM failed to provide adequate, up-to-date financial disclosure (no recent audited or management accounts), no credible liquidation/comparator analysis demonstrating that the Scheme yields better returns than liquidation, no business plan or post‑scheme projections, and insufficient evidence that the two proposed cash streams (asset sales and related debt recoveries) were realistically achievable; further, priority creditors were not addressed making the Scheme not respectably arguable and thus unsuitable to be put to credito…
1 Aug 2024

WH ELECTRICAL MARKETING (M) SDN BHD KENWINGSTON SDN BHD

Citation

WA-24NCC-308-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-308-07/2024 (Mahkamah Tinggi)

The court found on the facts that the winding up petitions were instituted for a collateral purpose — to frustrate an application for preservation of assets and to impede the joint trial of related suits — and therefore constituted an abuse of process permitting the court to strike out or stay those petitions.
7 Feb 2024

PEMPETISYEN DEVONPORT SDN BHD COLONIAL BEACH AND SPA RESORT SDN. BHD.

Citation

WA-28NCC-1191-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-1191-11/2023 (Mahkamah Tinggi)

The injunction was dismissed because there was no live basis for injunctive relief once the related strike‑out application was withdrawn and because the mandatory statutory requirement to advertise and gazette a winding‑up petition under Rule 24 precludes the court from restraining those steps; the respondent's grounds (service, appeal, solvency) are matters for the substantive petition hearing and do not justify interim injunctive relief.
23 Mar 2021

MKP BUILDERS SDN. BHD. PC GEOTECHNIC SDN. BHD.

Citation

BA-24C-1-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-1-01/2021 (Mahkamah Tinggi)

PCG's preliminary objection was dismissed for non-compliance with Bar Council Ruling 11.04 but the originating summons by MKP seeking a stay of enforcement was dismissed: once the High Court has granted enforcement under s28 CIPAA it will not ordinarily grant a stay under s16(1)(b) thereafter; in any event MKP was barred by issue estoppel for failing to raise the stay earlier and by equitable estoppel given its prior conduct and affidavits; MKP failed to discharge the onus to show grounds under View Esteem (no clear and unequivocal error and no real risk of PCG insolvency); MKP also failed to…
14 Jul 2020

WRP ASIA PACIFIC SDN BHD [Company No.: 147817-V] LEE SON HONG [NRIC No.: 570226085145]

Citation

WA-22NCC-42-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-42-01/2020 (Mahkamah Tinggi)

The application for security for costs was dismissed because, although there was credible evidence of the plaintiff's impecuniosity, the impecuniosity was shown to have been caused by the defendant's mismanagement and misconduct; ordering security would be oppressive and intended to stifle the plaintiff's claims for breaches of fiduciary duty, accordingly the defendant's application failed and costs were awarded to the plaintiff.
23 Oct 2019

1. WRP ASIA PACIFIC SDN BHD (COMPANY NO. 147817-V) 2. GREAT ADVANCE INVESTMENTS LTD (COMPANY NO. 670759) 1. TAEL TIJARI PARTNERS LTD (COMPANY NO. CT-256752) 2. TAEL MANAGEMENT CO. (MALAYSIA) SDN BHD (COMPANY NO. 790803-A) 3. TAEL TWO PARTNE

Citation

WA-24NCC(ARB)-25-06/2018 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-25-06/2018 (Mahkamah Tinggi)

The court found that plaintiffs intentionally suppressed material facts (admissions to Axis and Axis winding up petition) and that there was a material change of circumstances (winding up order, subsequent creditor actions and substantial creditor exposure) since the injunction was granted; those findings meant the injunction dated 18.3.2019 should be discharged to protect the company and its creditors and to prevent continued misuse of the interim order.

Malaysia Case Law

ASM DEVELOPMENT SDN BHD PENCELAH DICADANGKAN BADAN PENGURUSAN BERSAMA LINGKARAN MAJU

WH ELECTRICAL MARKETING (M) SDN BHD KENWINGSTON SDN BHD

PEMPETISYEN DEVONPORT SDN BHD COLONIAL BEACH AND SPA RESORT SDN. BHD.

MKP BUILDERS SDN. BHD. PC GEOTECHNIC SDN. BHD.

WRP ASIA PACIFIC SDN BHD [Company No.: 147817-V] LEE SON HONG [NRIC No.: 570226085145]

1. WRP ASIA PACIFIC SDN BHD (COMPANY NO. 147817-V) 2. GREAT ADVANCE INVESTMENTS LTD (COMPANY NO. 670759) 1. TAEL TIJARI PARTNERS LTD (COMPANY NO. CT-256752) 2. TAEL MANAGEMENT CO. (MALAYSIA) SDN BHD (COMPANY NO. 790803-A) 3. TAEL TWO PARTNE