COMPANIES LAW
3 cases · April 2026 to April 2026
Key Issues & Sub-Topics
Receiver and Manager — Personal liability — Agent of vendor company — Whether a Receiver and Manager can be held personally liable in contract under a Sale and Purchase Agreement when they executed the agreement strictly as an agent for a disclosed principal — Whether a Receiver and Manager's routine physical custody and management of a vendor company's property creates an independent tortious duty of care to a purchaser that survives the contractual terms of the sale — Whether initiating a suit against a former Receiver personally, while bypassing the company in liquidation or its liquidator, constitutes an abuse of the court process. 1 Winding up — Inability to pay debts — Statutory demand — Non-compliance within 21 days — Presumption of insolvency — Debt founded on consent judgment — Whether consent judgment binding — Allegation of lack of authority of solicitor — Whether valid ground to dispute debt — No steps taken to set aside judgment — Partial payment made — Whether bona fide dispute established 1 Judicial Management — Moratorium — Leave to commence or continue proceedings — Application for leave nunc pro tunc under s 410(c) Companies Act 2016 — Whether intervention in judicial management proceedings prerequisite to seek leave — Whether court has jurisdiction to grant retrospective leave — Interpretation of s 410(c) — Meaning of "commenced or continued" — Statutory construction — Inherent jurisdiction of court — Nunc pro tunc orders — Bona fide application — Prima facie contractual dispute — Arbitration and mediation proceedings — Whether proceedings would impede judicial management process — Balance of interests between applicant and creditors — Whether prejudice suffered if leave refused — Leave granted nunc pro tunc. 1
Receiver and Manager — Personal liability — Agent of vendor company — Whether a Receiver and Manager can be held personally liable in contract under a Sale and Purchase Agreement when they executed the agreement strictly as an agent for a disclosed principal — Whether a Receiver and Manager's routine physical custody and management of a vendor company's property creates an independent tortious duty of care to a purchaser that survives the contractual terms of the sale — Whether initiating a suit against a former Receiver personally, while bypassing the company in liquidation or its liquidator, constitutes an abuse of the court process. 1 case
Judicial Management — Moratorium — Leave to commence or continue proceedings — Application for leave nunc pro tunc under s 410(c) Companies Act 2016 — Whether intervention in judicial management proceedings prerequisite to seek leave — Whether court has jurisdiction to grant retrospective leave — Interpretation of s 410(c) — Meaning of "commenced or continued" — Statutory construction — Inherent jurisdiction of court — Nunc pro tunc orders — Bona fide application — Prima facie contractual dispute — Arbitration and mediation proceedings — Whether proceedings would impede judicial management process — Balance of interests between applicant and creditors — Whether prejudice suffered if leave refused — Leave granted nunc pro tunc. 1 case
Key Statutes
Companies Act 2016 (Cap 777)
cited in 2 cases Rules of Court 2012
cited in 1 case Bankruptcy Act 1967 (Cap 360)
cited in 1 case Courts of Judicature Act 1964
cited in 1 case Arbitration Act 2005 (Cap 646)
cited in 1 case Court Distribution
Key People & Firms
Top Firms
Cases
wa-22ncc-819-11-2025
Jayatrade Manufacturing Sdn Bhd v 1. ) Dato Adam Primus Varghese Bin Abdullah as Receivers & Manager of Aman Jaya Minerals (M) Sdn Bhd 2. ) Allianz General Insurance Company (Malaysia) Bhd
23 April 2026
MYHC
da-28ncc-64-12-2025
VANTA CREDIT SDN. BHD. v EVERGREEN RUBBERWOOD PRODUCTS SDN. BHD.
12 April 2026
MYHC
wa-28jm-14-04-2024
NOVABRITE LIGHTING SDN BHD v EMRAIL SDN BHD PENCELAH 1. ) PARUSHAN WINPOINT SDN BHD 2. ) BALARANEE CONSTRUCTION. 3. ) Kuwait Finance House (Malaysia) Berhad 4. ) SUTRA RAIL SDN BHD (sebelum ini dirujuk sebagai SUTRA FABRICATORS SDN BHD) 5. ) JACOBS ENGINEERING SERVICES SDN BHD 6. ) TRACKWORK & SUPPLIES SDN. BHD. PIHAK TERKILAN 1. ) Sutra Rail Sdn Bhd 2. ) PUNCAK GALI HARMONI SDN BHD
6 April 2026
MYHC