1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. BHD. 3. ) Dynac Sdn Bhd v 1. ) TH HEAVY ENGINEERING BERHAD (DALAM PENGGULUNGAN) 2. ) TH HEAVY ENGINEERING BERHAD PIHAK TERKILAN 1. ) STAR KRIS SERVICES SDN BHD 2. ) NSF ENGINEERING SDN BHD
4 cases cited
(1 SG, 3 foreign)
Catchwords
COMPANY LAW: Winding up – Conversion from voluntary to compulsory liquidation – Creditors' voluntary liquidation cannot be continued with due regard to interests of creditors – Whether voluntary winding up can be continued with due regard to interests of creditors or contributories under section 464(2)(d) CA 2016 – Whether court has discretion to convert voluntary liquidation to compulsory liquidation – Whether interim liquidators lack independence and impartiality – Whether voluntary liquidation commenced for ulterior purposes – Whether need for independent investigation into company affairs – Whether views of majority creditors should prevail – Whether fair play and commercial morality principles apply – Appointment of liquidators in compulsory winding up – Whether petitioning creditor's choice of liquidators should be appointed – Whether judgment debts under appeal affect standing of creditors – Whether pending appeals create conflicts of interest for nominated liquidators – Whether court oversight provides adequate safeguards against potential bias INSOLVENCY LAW: Liquidators – Independence and qualifications – Court supervision versus voluntary liquidation – Whether liquidators must be seen to be independent – Whether prior relationship with company affects liquidator independence – Whether court-appointed liquidators as officers of court provide better protection for creditors – Whether forensic investigation capabilities required for complex liquidations – Whether creditors' meetings process would cause unnecessary delays and costs
Judges (1)
Counsel (15)
Cecil Abraham & Partners Firm Joyce Pang Firm Mathews Hun Lachimanan Firm S Ravenesan Firm Danial Hazizan Counsel Intervener David Mathews Counsel Petitioner Franky Irwan Abdul Rashid Counsel Third Party Joyce Pang Counsel Intervener Koh Jo Vin Counsel Petitioner Lai Ann Xing Counsel Petitioner Olivia Loh Counsel Petitioner Rishwant Singh Counsel Intervener S Raven Counsel Intervener Wardah Nasuha Counsel Third Party Yeong Wen Yan Counsel Petitioner
Parties (7)
Case Significance
1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. B... is a High Court (Mahkamah Tinggi) decision dated May 26, 2025 (citation: wa-28ncc-175-02-2024). The case was decided by Atan Mustaffa Yussof Ahmad.
What was the outcome of 1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. B...?
1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. B... is a High Court decision dated May 26, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.
Statutes Cited
Companies Act 2016 (Cap 777)
National Land Code (Cap 828)
Cases Cited (4)
SLR (1)
[2004] 1 SLR(R) 671
MY (3)
[2008] 3 MLJ 692 [2011] 7 CLJ 158 [2023] 5 MLJ 284
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-28ncc-175-02-2024)