Companies and Corporations
9 cases · November 2017 to July 2026
Case Volume by Year
1 17
5 25
3 26
2017–2026
Key Issues & Sub-Topics
Winding up — Proceedings against company after winding-up order — Leave of winding-up court not obtained — Whether proceedings could continue — Companies Act 2016, s 471(1) LIMITATION — Contract — Accrual of cause of action — Alleged ineffective delivery of vacant possession — Cause of action accruing upon breach — Whether purchaser’s continuing inability to use premises constituted continuing breach — Limitation Act 1953, s 6(1)(a) LAND LAW — Sale and purchase of commercial strata parcel — Vacant possession — Contractual notice and deemed-delivery mechanism — Certificate of completion and compliance issued — Whether deemed delivery displaced by condition of parcel and common facilities — Housing Development (Control and Licensing) Act 1966 inapplicable CIVIL PROCEDURE — Originating summons — Competing affidavit evidence — Substantial disputes concerning condition and operation of commercial development — Whether disputed facts suitable for summary determination SPECIFIC RELIEF — Mandatory order — Purchasers seeking order compelling developer to operate shopping mall, maintain lifts and escalators and construct partition walls — No corresponding contractual obligation established — Order requiring continuing supervision of commercial enterprise STRATA MANAGEMENT — Maintenance charges and sinking fund contributions — Commercial parcel — Statutory liability of purchaser — Parcel allegedly unoccupied and unusable — Common facilities allegedly non-operational — Whether liability dependent on occupation, use or beneficial enjoyment — Whether contractual dispute with developer suspended liability to joint management body — Strata Management Act 2013, ss 17, 21 and 25 COURTS — Declaratory relief — Purchasers seeking declaration that liability for maintenance charges had not arisen — Court having no power to exempt parcel owner from statutory liability — Recovery proceedings pending before Strata Management Tribunal — Whether declaration should be granted STRATA MANAGEMENT TRIBUNAL — Claim for arrears of maintenance charges — Parallel High Court proceedings seeking declaration that liability had not arisen — Tribunal as appropriate forum to determine amount recoverable 1 Lifting of corporate veil — Conditions to be satisfied for lifting of corporate veil — Piercing the corporate veil to hold directors accountable -section 20 of the Companies Act 2016 1 Winding up — Creditor’s petition — Sections 465(1)(e) and 466(1)(a) Companies Act 2016 — Statutory notice — Failure to pay — Whether prior judgment required — Whether debt must be due and payable — Whether statutory notice constitutes proof of debt — Distinction between proof of debt and presumption of insolvency 1 Winding up — Disputed debt — Bona fide dispute on substantial grounds — Whether dispute relates to entire sum or peripheral amount — Test for bona fide dispute — Subjective and objective elements — Whether winding-up proceedings appropriate forum — Whether petition constitutes abuse of process 1 Winding up — Quantum dispute — Construction contract — Unfinalised billings — “Shall not exceed” clause — Whether ceiling amount constitutes admitted debt — Whether debt crystallised — Whether sum demanded in statutory notice is “sum due” 1 Winding up — Statutory demand — Overstatement of debt — Whether notice valid if part of debt undisputed — Malaysia Air Charter Co Sdn Bhd v Petronas Dagangan Sdn Bhd [2000] 4 MLJ 657 (FC) — YPJE Consultancy Service Sdn Bhd v Heller Factoring (M) Sdn Bhd [1996] 3 CLJ 51 (CA) — Whether applicable — Distinction where dispute goes to foundation of debt 1 Winding up — Settlement arrangement — Property contra — Sale and purchase agreement — Failure of transfer due to restriction in interest — Whether failure revives monetary debt — Whether revived debt fixed or still disputed — Whether effect of arrangement requires trial 1 Winding up — Neglect to pay — Meaning — Effect of bona fide dispute — Whether statutory presumption of inability to pay debts arises — Whether non-payment constitutes neglect where liability disputed 1 Winding up — Jurisdiction and discretion — Role of court — Whether court should determine disputed contractual liability — Winding-up proceedings not debt recovery mechanism — Proper remedy by civil action — Petition dismissed with costs 1 Winding up — Post-winding-up application — Power of court to terminate winding-up proceedings under s 493 Companies Act 2016 — Whether winding-up order may be terminated notwithstanding procedural regularity — Concealment of material information in winding-up petition — Draft audited financial statement showing unresolved liabilities — Whether petitioner denied existence of debt — Majority shareholders holding 56.6% equity supporting revival of family company — Need for shareholder investigation — Liquidator to cease further action — Costs of liquidation borne by applicants — Interests of justice. 1 Shares — Transmission and transfer of shares — Whether shares devolving from deceased shareholder to beneficiaries under will constitute transmission or transfer — Executor obtained probate and caused partial transfer of shares to one beneficiary with stamp duty paid — Executor later requested remaining shares to be registered in names of other beneficiaries without Form 32A or stamp duty — Company refused registration — Whether executor’s assent perfects transmission or separate transfer required — Whether Articles of Association restrict registration of beneficiaries except through proper instrument of transfer — Whether directors may exercise discretion in registration — Whether court may override mandatory requirements of Companies Act 2016 and company Articles — Companies Act 2016 ss 33, 50, 103, 105(1), (4), 109; Probate and Administration Act 1959 s 12. 1 Winding up — Inability to pay debts — Statutory demand duly served — Presumption of insolvency under ss. 465(1)(e) and 466(1)(a) Companies Act 2016 — Judgment debt arising from court orders — No bona fide or substantial dispute — Filing of appeal not amounting to stay — Winding-up petition allowed with costs — Civil procedure — Interlocutory application rendered academic by subsequent winding-up order 1 Minority Oppression — Allegation of oppressive conduct by Defendants — Whether Plaintiff established a claim for minority oppression under Section 346 of the Companies Act 2016 — Plaintiff removed from management and denied physical access to company premises — Whether such actions constituted oppression — Breakdown of mutual trust and confidence among shareholders — Whether the Plaintiff’s rights as shareholder and director were disregarded — Whether Defendants acted for an improper purpose or breached fiduciary duties — Sufficiency of evidence to support claim of oppressive conduct — Applicability and scope of Section 346 of the Companies Act 2016. 1 Winding up — Liquidator — Whether leave of the winding-up court is required to commence proceedings against a court-appointed liquidator — Whether the applicant established a prima facie case or demonstrated pecuniary loss to the company in various allegations — Whether allegations warrants the court intervention in the liquidation process. 1 Appeal — Oppression — Purchase of shares of minority shareholder — Whether petitioner’s gross delay in filing ‘oppression petition’ inexcusable and fatal — Whether in the circumstances of this case, the Applicant’s only remedy lay in a derivative action in the name of the 1st Respondent Company to the exclusion of any remedy for minority oppression — Whether in the circumstances of this case, the reflective loss principle had any application — Companies Act 1965 [Act 125], section 181 1
Winding up — Proceedings against company after winding-up order — Leave of winding-up court not obtained — Whether proceedings could continue — Companies Act 2016, s 471(1) LIMITATION — Contract — Accrual of cause of action — Alleged ineffective delivery of vacant possession — Cause of action accruing upon breach — Whether purchaser’s continuing inability to use premises constituted continuing breach — Limitation Act 1953, s 6(1)(a) LAND LAW — Sale and purchase of commercial strata parcel — Vacant possession — Contractual notice and deemed-delivery mechanism — Certificate of completion and compliance issued — Whether deemed delivery displaced by condition of parcel and common facilities — Housing Development (Control and Licensing) Act 1966 inapplicable CIVIL PROCEDURE — Originating summons — Competing affidavit evidence — Substantial disputes concerning condition and operation of commercial development — Whether disputed facts suitable for summary determination SPECIFIC RELIEF — Mandatory order — Purchasers seeking order compelling developer to operate shopping mall, maintain lifts and escalators and construct partition walls — No corresponding contractual obligation established — Order requiring continuing supervision of commercial enterprise STRATA MANAGEMENT — Maintenance charges and sinking fund contributions — Commercial parcel — Statutory liability of purchaser — Parcel allegedly unoccupied and unusable — Common facilities allegedly non-operational — Whether liability dependent on occupation, use or beneficial enjoyment — Whether contractual dispute with developer suspended liability to joint management body — Strata Management Act 2013, ss 17, 21 and 25 COURTS — Declaratory relief — Purchasers seeking declaration that liability for maintenance charges had not arisen — Court having no power to exempt parcel owner from statutory liability — Recovery proceedings pending before Strata Management Tribunal — Whether declaration should be granted STRATA MANAGEMENT TRIBUNAL — Claim for arrears of maintenance charges — Parallel High Court proceedings seeking declaration that liability had not arisen — Tribunal as appropriate forum to determine amount recoverable 1 case
Lifting of corporate veil — Conditions to be satisfied for lifting of corporate veil — Piercing the corporate veil to hold directors accountable -section 20 of the Companies Act 2016 1 case
Winding up — Creditor’s petition — Sections 465(1)(e) and 466(1)(a) Companies Act 2016 — Statutory notice — Failure to pay — Whether prior judgment required — Whether debt must be due and payable — Whether statutory notice constitutes proof of debt — Distinction between proof of debt and presumption of insolvency 1 case
Winding up — Disputed debt — Bona fide dispute on substantial grounds — Whether dispute relates to entire sum or peripheral amount — Test for bona fide dispute — Subjective and objective elements — Whether winding-up proceedings appropriate forum — Whether petition constitutes abuse of process 1 case
Winding up — Quantum dispute — Construction contract — Unfinalised billings — “Shall not exceed” clause — Whether ceiling amount constitutes admitted debt — Whether debt crystallised — Whether sum demanded in statutory notice is “sum due” 1 case
Winding up — Statutory demand — Overstatement of debt — Whether notice valid if part of debt undisputed — Malaysia Air Charter Co Sdn Bhd v Petronas Dagangan Sdn Bhd [2000] 4 MLJ 657 (FC) — YPJE Consultancy Service Sdn Bhd v Heller Factoring (M) Sdn Bhd [1996] 3 CLJ 51 (CA) — Whether applicable — Distinction where dispute goes to foundation of debt 1 case
Winding up — Settlement arrangement — Property contra — Sale and purchase agreement — Failure of transfer due to restriction in interest — Whether failure revives monetary debt — Whether revived debt fixed or still disputed — Whether effect of arrangement requires trial 1 case
Winding up — Neglect to pay — Meaning — Effect of bona fide dispute — Whether statutory presumption of inability to pay debts arises — Whether non-payment constitutes neglect where liability disputed 1 case
Winding up — Jurisdiction and discretion — Role of court — Whether court should determine disputed contractual liability — Winding-up proceedings not debt recovery mechanism — Proper remedy by civil action — Petition dismissed with costs 1 case
Winding up — Inability to pay debts — Statutory demand duly served — Presumption of insolvency under ss. 465(1)(e) and 466(1)(a) Companies Act 2016 — Judgment debt arising from court orders — No bona fide or substantial dispute — Filing of appeal not amounting to stay — Winding-up petition allowed with costs — Civil procedure — Interlocutory application rendered academic by subsequent winding-up order 1 case
Winding up — Liquidator — Whether leave of the winding-up court is required to commence proceedings against a court-appointed liquidator — Whether the applicant established a prima facie case or demonstrated pecuniary loss to the company in various allegations — Whether allegations warrants the court intervention in the liquidation process. 1 case
Key Statutes
Companies Act 2016 (Cap 777)
cited in 4 cases Courts of Judicature Act 1964 (Cap 91)
cited in 1 case Franchise Act 1998
cited in 1 case Contracts Act 1950 (Cap 136)
cited in 1 case Evidence Act 1950 (Cap 56)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Moses Susayan 2 Norsharidah binti Awang 2 Raja Segaran a/l S.krishnan 2 Ramly bin Haji Ali 1 Balia Yusof bin Haji Wahi 1 Jeffrey Tan Kok Wha 1 Seri Zulkefli bin Ahmad Makinudin 1 Suriyadi bin Halim Omar 1 Bhupindar Singh a/l Gurcharan Singh Preet 1 Mohd Arief Emran bin Arifin 1 Edwin Paramjothy a/l Michael Muniandy 1
Top Firms
Cases
ma-24ncvc-45-02-2026
1. ) LEE WEI SEONG 2. ) CHONG YU MUI v 1. ) MDSA VENTURES SDN. BHD. 2. ) BADAN PENGURUSAN BERSAMA HATTEN @ MELAKA RAYA
12 July 2026
MYHC
wa-22ip-45-08-2023
WJ LEGACY SDN BHD v 1. ) RINS HOLDING SDN BHD 2. ) NELLY LEU RUIXIN 3. ) SOO CHOCK XIONG
14 May 2026
MYHC
ma-28ncc-31-09-2025
TESMEC CONSTRUCTION SDN BHD v OPES BUILDER SDN BHD
3 May 2026
MYHC
aa-28pw-17-04-2023
1. ) Ong Hui Hui 2. ) Ong Ming Ming v 1. ) Ong Kok Pin @ Ong Bok Lim 2. ) Song Seng Sendirian Berhad
23 July 2025
MYHC
aa-24ncc-11-04-2024
1. ) LOH SIEW CHOONG 2. ) LOH SIEW NGOH 3. ) LOO KIM LIN @ LOH SIEW LIN v 1. ) TOONG YUEN (IPOH) SDN BHD 2. ) LOH FOOK WAH @ LOH FOOK FAH 3. ) LOH KWOK YUAN 4. ) AHMAD RIZAM BIN ZAMRI 5. ) MUSTAFA BIN BAHARUDIN 6. ) TEH CHEE YIP 7. ) MEOR MUHAMMAD HAFIFI BIN HAMZAH
30 June 2025
MYHC
aa-28ncc-87-10-2023
KOPERASI PEKERJA JAYA BERHAD v PIONEER HOLDINGS SDN BHD
29 May 2025
MYHC
wa-24ncc-249-05-2024
LEE BEE SUN v 1. ) SIEW SEOW KIM 2. ) MUCK HO WAN 3. ) SUPER RESOURCES & TRADING SDN. BHD
11 March 2025
MYHC
aa-28pw-40-03-2024
Dato' Suki Mee v FAR ORIGIN SDN. BHD ( DALAM PENGGULUNGAN)
20 January 2025
MYHC
02f-45-07-2016w
RINOTA CONSTRUCTION SDN BHD … Appellant/ Petitioner v 1. MASCON RINOTA SDN BHD … Respondents 2. MASCON SDN BHD 3. OLYMPIA INDUSTRIES BHD 4. DATO’ YAP YONG SEONG 5. YAP WEE KEAAT 6. MASCON CONSTRUCTION SDN BHD
8 November 2017
MYFC