1. ) MUHAMAD NOOR ZAINAL BIN MUHAMAD ZABIDI 2. ) NZ RETAIL (MELAKA) SDN BHD v Suruhanjaya Syarikat Malaysia (SSM)
Catchwords
Companies — Striking off — Restoration of company — Application to reinstate under s 555 Companies Act 2016 — Whether “just” to restore — Discretion of Court — Contradiction between strike-off declaration and reinstatement grounds — Company previously declaring no assets — Subsequent assertion of substantial tax refund — Whether inconsistency fatal — Bona fides of application Companies — Restoration — Evidential sufficiency — Alleged corporate asset — Tax refund — Absence of documentary proof from Inland Revenue Board — Whether bare assertion sufficient — Whether application speculative — Requirement for credible evidential foundation Companies — Striking off — Voluntary application under s 550 — Statutory declaration of no assets and no liabilities — Legal effect — Whether applicant bound by earlier declaration — Whether misrepresentation or oversight — Impact on reinstatement discretion Companies — Restoration — “Otherwise just” limb — Scope and limits — Whether remedial jurisdiction extends to recovery of alleged asset — Temporary reinstatement to recover funds — Whether proper use of statutory power or procedural convenience Companies — Dissolution — Outstanding assets — Choses in action — Vesting in Registrar — Interaction with ss 556 and 557 Companies Act 2016 — Whether reinstatement necessary to pursue claim Companies — Evidence — Affidavit — Failure to explain material inconsistency — Absence of explanation for omission in strike-off process — Incomplete financial disclosure — Lack of audited accounts and tax computation — Effect on exercise of discretion Companies — Procedure — Originating summons — Undertakings — Filing of statutory documents — Payment of compounds — Re-striking off — Whether undertakings sufficient to cure evidential defects
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-24ncc-3-01-2026)