COMPANY LAW: Winding up
9 cases · October 2024 to April 2026
Case Volume by Year
2 24
6 25
1 26
2024–2026
Key Issues & Sub-Topics
Statutory demand — Disputed debt — Whether statutory notice amounts to abuse where issued for debt subject to pending civil proceedings — Whether existence of arbitration clause and stay application affects statutory demand — Whether parallel proceedings create multiplicity and risk of inconsistent findings 2 Petition — Inability to pay debts — Statutory notice of demand — Failure to comply with notice — Statutory presumption of insolvency — Whether debt genuinely disputed on substantial grounds — Companies Act 2016, ss. 465(1)(e) & 466 — Disputed debt — Bona fide dispute — Test applicable — Whether dispute is genuine or a "crafty device" to frustrate a creditor — Burden of proof on the Respondent — Companies Act 2016 1 Leave to commence proceedings — Companies Act 2016 ss, 471 (1) and 486 (2) — Proceedings against company in liquidation and court-appointed liquidator-Proposed counterclaim in separate civil suit-Prima facial case — Whether claim can be adequately dealt with in proof of debt process-Locus notwithstanding failure to file proof of debt — Protection of liquidator as officer of court — Threshold for granting leave- Whether leave properly granted. 1 Fraudulent trading — Conspiracy to defraud — Creditor contracted with company for construction projects — Recovery of debts for alleged unpaid claims — Company wound-up — Disposal of vehicles and machines belonging to company — Whether sold for valuable consideration — Transfer of funds out of the company to Defendants — Allegation that funds transferred were repayments and monies owed — Whether these are genuine debts — Transactions effected within six months of presentation of the winding-up petition — Whether there was fraudulent trading to avoid paying debts to creditor — Whether the transactions carried out with the intent to defraud creditor — Section 540 of the Companies Act 2016 REMEDIES: The Defendants personally liable for debt of the company — Claim on certified payments — Claim on uncertified and rejected claims — Whether the alleged debt proven — Whether evidence presented support the quantification of liquidated debt — Certified claims proven but no clear evidence to prove quantum of uncertified and rejected claims — Exemplary damages granted 1 Liquidators — Applications against court-appointed liquidators — Requirement for prior leave of Winding Up Court — Whether leave must be obtained before commencing proceedings against liquidators — Whether liquidators are officers of the court — Whether proceedings constitute interference with liquidator's duties — Statutory framework under Companies Act 1965 and Companies Act 2016 — Application of transitional provisions 1 Liquidators — Inspection of books and papers — Creditor's right to inspect documents — Whether creditors entitled to delivery of certified copies of documents — Whether post-winding up agreements fall within scope of inspection rights — Relevance and necessity of documents sought — Whether application constitutes fishing expedition — Distinction between inspection rights and discovery procedures — Application of section 248 Companies Act 1965 and section 501/509 Companies Act 2016 1 Liquidators — Court's supervisory jurisdiction — Whether courts should interfere with liquidator conduct — Whether evidence of fraud or bad faith required — Whether prolonged duration of liquidation justifies enhanced court oversight — Liquidator's duty of transparency versus protection from vexatious applications — Balance between creditor rights and liquidator independence 1 Committee of inspection — Formation of committee of inspection in court-ordered liquidations — Whether statutory provisions permit committee formation under Companies Act 2016 — Whether individual creditor may compel convening of meeting — Whether broad creditor support required — Effect of prior court order appointing liquidators without committee of inspection — Distinction between creditors' voluntary liquidation and court-ordered liquidation 1 Liquidators — Liquidator's accounts — Whether liquidator can be compelled to produce Form 75 accounts — Sufficiency of statutory filings with Companies Commission of Malaysia — Whether publicly accessible accounts satisfy disclosure requirements — Burden of proof on applicant alleging non-compliance with statutory filing obligations 1 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 1 Proceedings against company and liquidator — Application for leave to commence legal action against company and liquidator — Debt due by third party to applicant — Properties used to contra debt — Whether prima facie claim against respondents had been established — Companies Act 2016, s 471(1) 1 Fortuna injunction — Disputed debt — Whether debt arising from settlement agreement incorporated in consent judgment could be considered disputed — Whether delay in milestone payment triggered acceleration clause — Whether court will exercise jurisdiction to restrain winding-up proceedings — Service of statutory notice — Proper service methods — Whether service by registered post satisfies statutory requirements — Solvency of company — Whether solvency is relevant when debt arises from judgment — Abuse of process — Whether pursuing winding-up against solvent company constitutes abuse 1
Statutory demand — Disputed debt — Whether statutory notice amounts to abuse where issued for debt subject to pending civil proceedings — Whether existence of arbitration clause and stay application affects statutory demand — Whether parallel proceedings create multiplicity and risk of inconsistent findings 2 cases
wa-22ncc-151-03-2023 Nautilus Tug & Towage Sdn Bhd v 1. ) Dato' Seri Suresh Emmanuel Abishegam 2. ) Dato' Ahmad Johari bin Tun Abdul Razak 3. ) Ajaib Hari Dass 4. ) Dato' Abd Latiff bin Ahmad 5. ) Jaya Sudhir a/l Jayaram 6. ) Azian binti Abdul Aziz 7. ) Nautical Supreme Sdn Bhd 8. ) Azimuth Marine Sdn Bhd
11 December 2024
wa-24ncc-359-07-2024 CARIMIN ENGINEERING SERVICES SDN BHD v DYNAMIC NAVIGATION SDN BHD
24 October 2024
Petition — Inability to pay debts — Statutory notice of demand — Failure to comply with notice — Statutory presumption of insolvency — Whether debt genuinely disputed on substantial grounds — Companies Act 2016, ss. 465(1)(e) & 466 — Disputed debt — Bona fide dispute — Test applicable — Whether dispute is genuine or a "crafty device" to frustrate a creditor — Burden of proof on the Respondent — Companies Act 2016 1 case
Leave to commence proceedings — Companies Act 2016 ss, 471 (1) and 486 (2) — Proceedings against company in liquidation and court-appointed liquidator-Proposed counterclaim in separate civil suit-Prima facial case — Whether claim can be adequately dealt with in proof of debt process-Locus notwithstanding failure to file proof of debt — Protection of liquidator as officer of court — Threshold for granting leave- Whether leave properly granted. 1 case
Fraudulent trading — Conspiracy to defraud — Creditor contracted with company for construction projects — Recovery of debts for alleged unpaid claims — Company wound-up — Disposal of vehicles and machines belonging to company — Whether sold for valuable consideration — Transfer of funds out of the company to Defendants — Allegation that funds transferred were repayments and monies owed — Whether these are genuine debts — Transactions effected within six months of presentation of the winding-up petition — Whether there was fraudulent trading to avoid paying debts to creditor — Whether the transactions carried out with the intent to defraud creditor — Section 540 of the Companies Act 2016 REMEDIES: The Defendants personally liable for debt of the company — Claim on certified payments — Claim on uncertified and rejected claims — Whether the alleged debt proven — Whether evidence presented support the quantification of liquidated debt — Certified claims proven but no clear evidence to prove quantum of uncertified and rejected claims — Exemplary damages granted 1 case
Liquidators — Applications against court-appointed liquidators — Requirement for prior leave of Winding Up Court — Whether leave must be obtained before commencing proceedings against liquidators — Whether liquidators are officers of the court — Whether proceedings constitute interference with liquidator's duties — Statutory framework under Companies Act 1965 and Companies Act 2016 — Application of transitional provisions 1 case
Liquidators — Inspection of books and papers — Creditor's right to inspect documents — Whether creditors entitled to delivery of certified copies of documents — Whether post-winding up agreements fall within scope of inspection rights — Relevance and necessity of documents sought — Whether application constitutes fishing expedition — Distinction between inspection rights and discovery procedures — Application of section 248 Companies Act 1965 and section 501/509 Companies Act 2016 1 case
Liquidators — Court's supervisory jurisdiction — Whether courts should interfere with liquidator conduct — Whether evidence of fraud or bad faith required — Whether prolonged duration of liquidation justifies enhanced court oversight — Liquidator's duty of transparency versus protection from vexatious applications — Balance between creditor rights and liquidator independence 1 case
Committee of inspection — Formation of committee of inspection in court-ordered liquidations — Whether statutory provisions permit committee formation under Companies Act 2016 — Whether individual creditor may compel convening of meeting — Whether broad creditor support required — Effect of prior court order appointing liquidators without committee of inspection — Distinction between creditors' voluntary liquidation and court-ordered liquidation 1 case
Liquidators — Liquidator's accounts — Whether liquidator can be compelled to produce Form 75 accounts — Sufficiency of statutory filings with Companies Commission of Malaysia — Whether publicly accessible accounts satisfy disclosure requirements — Burden of proof on applicant alleging non-compliance with statutory filing obligations 1 case
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 1 case
Proceedings against company and liquidator — Application for leave to commence legal action against company and liquidator — Debt due by third party to applicant — Properties used to contra debt — Whether prima facie claim against respondents had been established — Companies Act 2016, s 471(1) 1 case
Fortuna injunction — Disputed debt — Whether debt arising from settlement agreement incorporated in consent judgment could be considered disputed — Whether delay in milestone payment triggered acceleration clause — Whether court will exercise jurisdiction to restrain winding-up proceedings — Service of statutory notice — Proper service methods — Whether service by registered post satisfies statutory requirements — Solvency of company — Whether solvency is relevant when debt arises from judgment — Abuse of process — Whether pursuing winding-up against solvent company constitutes abuse 1 case
Key Statutes
Companies Act 2016 (Cap 777)
cited in 7 cases Specific Relief Act 1950 (Cap 137)
cited in 2 cases Road Transport Act 1987 (Cap 333)
cited in 1 case National Land Code (Cap 828)
cited in 1 case Companies Act 1965 (Cap 777)
cited in 1 case Arbitration Act 2005 (Cap 646)
cited in 1 case Rules of Court 2012
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Emir Mahmud & Co. 1 Ariff & Co 1 S Ravenesan 1 Cecil Abraham & Partners 1 Mathews Hun Lachimanan 1 Joyce Pang 1 Najiana Wan Balbir 1 KH Lim & Co. 1 Rosli Dahlan Saravana Partnership 1 Lim Chee Wee Partnership 1 Rahmat Lim & Partners 1 Ghandi 1 Chetan Jethwani & Company 1 Rabinder Budiman & Associates 1 Lope Maizura 1
Cases
ja-28ncc-68-04-2025
AKIFF ENERGY RESOURCES SDN. BHD. v SAM MOON ENGINEERING (M) SDN. BHD.
27 April 2026
MYHC
wa-28pw-120-03-2025
LEE TUCK MENG v 1. ) JRSYS SDN. BHD. (DALAM PENGGULUNGAN) 2. ) NG CHOON JIN 3. ) YEONG KIN WAI
16 November 2025
MYHC
ba-22ncc-129-10-2023
SHVT Building Solution Sdn Bhd v 1. ) Tan Keng Meng 2. ) Low Pey Jiuan 3. ) TNT Engineering Sdn Bhd
12 October 2025
MYHC
wa-28pw-13-01-2025
Chatar Singh A/L Santa Singh v The Liquidator of Atlas Corporation Sdn Bhd (In Liquidation)
2 July 2025
MYHC
wa-28ncc-175-02-2024
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
26 May 2025
MYHC
wa-28pw-555-09-2024
HMK BINA SDN BHD v 1. ) WESTCOURT CORPORATION SDN BHD (DALAM PENGGULUNGAN) 2. ) AUGUSTINE A/L T.K. JAMES
19 May 2025
MYHC
wa-24ncc-469-09-2024
SHAPADU MARINE PTE LTD v HIJAYU MARINE SERVICES SDN BHD
8 January 2025
MYHC
wa-22ncc-151-03-2023
Nautilus Tug & Towage Sdn Bhd v 1. ) Dato' Seri Suresh Emmanuel Abishegam 2. ) Dato' Ahmad Johari bin Tun Abdul Razak 3. ) Ajaib Hari Dass 4. ) Dato' Abd Latiff bin Ahmad 5. ) Jaya Sudhir a/l Jayaram 6. ) Azian binti Abdul Aziz 7. ) Nautical Supreme Sdn Bhd 8. ) Azimuth Marine Sdn Bhd
11 December 2024
MYHC
wa-24ncc-359-07-2024
CARIMIN ENGINEERING SERVICES SDN BHD v DYNAMIC NAVIGATION SDN BHD
24 October 2024
MYHC