1. ) TAN KEN MENG 2. ) WONG TEE MING v 1. ) HSL AUTO ENGINEERING SDN BHD 2. ) LIM SHEN LEE

ba-28ncc-100-02-2024 High Court (Mahkamah Tinggi) 27 August 2025 • BA-28NCC-100-02/2024

Catchwords

Winding Up Petition – Cessation of business – Just and equitable – Whether it is established that the company has suspended its business for a whole year – Whether it is just and equitable to wind up the company – Whether the disputes are better suited to oppression remedies under Section 346 Companies Act 2016 – The appropriate appointment of liquidator – Companies not carries on active business since winding up of Ho Shen Lee – Commercially interdependent companies - Disputes between parties – Removal of directorship – Unilateral changes of bank signatories – Acts of oppression – Mutual trust and confidence has irretrievably broken down – Separate legal entities – Nomination of a private liquidator - Competence and impartiality of a liquidator - Section 465(1)(c) Companies Act 2016 – Section 465(1)(h) Companies Act 2016 – Section 346 Companies Act 2016

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (4)

HSL AUTO ENGINEERING Sdn Bhd Respondent Lim Shen Lee Respondent Tan Ken Meng Petitioner Wong Tee Ming Petitioner

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-28ncc-100-02-2024)