LOO BEE ENG v 1. ) WINNERS ALUMINIUM & GLASS SDN BHD 2. ) PAN KEE MUN 3. ) PHANG KA TING 4. ) LIM TECK SENG 5. ) LEE CHOON CHIN

pa-28ncc-114-09-2023 High Court (Mahkamah Tinggi) 27 May 2025 • PA-28NCC-114-09/2023 • 22 min read

19 cases cited (0 SG, 19 foreign)

Catchwords

1. The Petitioner’s (P) petitions to wind-up the company: on two grounds— (1) that the Company’s directors have acted in the affairs of the Company in their own interests rather than in the interests of the members as a whole, or acted in any other manner which appears to be “unfair or unjust” to members; and (2) under paragraph (h): where the Court is of the opinion that it is just and equitable that the Company be wound-up. 2. The first ground has to do with the conduct of the directors. The questions to consider are—in the decisions made for the Company, have the directors acted in their own interests rather than in the members’ (shareholders’) interests? Or have they acted in any manner that “appears” to be “unfair and unjust” to the members? 3. The second ground has to do with the Ebrahimi-type of winding-up—that it is “just and equitable” to wind-up the Company.

Judges (1)

Kenneth Yoong Ken Chinson St James Delivered

Counsel (8)

Presgrave & Matthews Firm Y.C. Wong Firm Anis Nadhira Counsel Respondent Ho Hui Ying Counsel Petitioner Jean Aw Counsel Petitioner Karin Lim Counsel Respondent Shamsul Jamil Counsel Respondent YC Wong Counsel Petitioner

Parties (6)

WINNERS ALUMINIUM & GLASS Sdn Bhd Respondent Lee Choon Chin Respondent Lim Teck Seng Respondent Loo Bee Eng Petitioner Pan Kee Mun Respondent Phang Ka Ting Respondent

Case Significance

LOO BEE ENG v 1. ) WINNERS ALUMINIUM & GLASS SDN BHD 2. ) PAN KEE MUN 3. ) PH... is a High Court (Mahkamah Tinggi) decision dated May 27, 2025 (citation: pa-28ncc-114-09-2023). The case was decided by Kenneth Yoong Ken Chinson St James.

Key issues: 3. The second ground has to do with the Ebrahimi-type of winding-up—that it is “just and equitable” to wind-up the Company..

What was the outcome of LOO BEE ENG v 1. ) WINNERS ALUMINIUM & GLASS SDN BHD 2. ) PAN KEE MUN 3. ) PH...?

LOO BEE ENG v 1. ) WINNERS ALUMINIUM & GLASS SDN BHD 2. ) PAN KEE MUN 3. ) PH... is a High Court decision dated May 27, 2025. The case was heard by Kenneth Yoong Ken Chinson St James. See the full judgment for details.

Statutes Cited

Companies Act 2016 (Cap 777)

s 465(1)(h)

Cases Cited (19)

UK (1)

[1973] AC 360

MY (18)

[2002] 3 AMR 3262 [2002] 3 CLJ 741 [2002] 3 MLJ 674 [2010] 5 MLJ 34 [2010] 8 CLJ 775 [2011] 9 MLRH 258 [2013] 9 MLJ 527 [2013] AMEJ 0012 [2018] 3 AMR 865 [2018] 4 MLJ 1 [2018] 5 CLJ 513 [2018] 8 AMR 163 [2018] MLJU 1599 [2019] 10 MLJ 73 [2019] 6 AMR 170 [2019] 9 CLJ 139 [2020] AMEJ 1033 [2020] MLJU 1408

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-28ncc-114-09-2023)