Post Winding Up
16 cases · February 2025 to March 2026
Case Volume by Year
15 25
1 26
2025–2026
Key Issues & Sub-Topics
Application by Liquidator to compel Submission for Statement of Affairs of former director of the company– Submission for Statement of Affairs by former Director of Company before liquidation of company — Whether a former director can be compelled to submit a Statement of Affairs — Whether the liquidators’ request and application were procedurally proper — Whether the former director status as a nominee director or his claimed lack of information relieves him of the obligation — Inherent Jurisdiction of Court — Section 461 Companies Act — Section 484 Companies Act 2016 — Order 92 Rule 4 Rules of Court 2012 — Form 17 of Companies (Winding-Up) Rules 1972 12 Application for termination of winding up order — Application by Petitioner — Potential revival of company through Receiver and Manager — Application was procedurally defective — Contributory argues company remains insolvent — Whether the Petitioner has satisfied the Court that the winding up order ought to be terminated pursuant to Section 493 of the Companies Act 2016 — Whether the Petitioner has demonstrated satisfaction of Company’s debt, solvency of the Company or the existence of other circumstance which justify terminating the winding up order — Company remains indebted — No audited financial statements or financial evidence have been produced — The Petitioner has not placed before the Court any concrete restructuring mechanism — Timing of Application — Court is not persuaded that the very short lapse of time between the making of the winding-up order and the filing of the present application is supported by sufficiently concrete developments to justify terminating the winding-up — Receivership and Liquidation does not provide the same level of protection for unsecured creditors as a court-supervised liquidation — Section 493 of Companies Act 2016. 1 Leave Application to set aside vesting order — Section 295 Companies Act 1956 — Absence of full disclosure — Res judicata — Vesting order remains valid and binding — Whether the applicant is entitled to seek leave under Section 471 Companies Act 2016 to commence fresh proceedings to set aside the vesting order — Whether the principles of res judicata, issue estoppel and finality of litigation bar the present application — Badiaddin Principle — Judicial finality and access ot justice 1 Section 351, 461, 482(b), 486(2) and 510 of the Companies Act 2016 — Whether leave of Court is required — Whether the Court has jurisdiction to grant the declaratiory and injunctive relief sought — Whether the application is defective for failure to join Kuala Ibai Property Sdn Bhd as a party — Whether the Turnkey Agreement is liable to be set aside — Whether the Turnkey Agrement is liable to be set aside — Whether a permanent injuction ought to be granted 1 Whether the propsed interveners have a sufficient legal interest in the subject matter of these proceedings such that they ought to be allowed to intervene — Creditors has direct interest in the administration and conclusion of winding up — Whether the proposed intervener's debts have been formally admitted by the liquidators does not conclusively determin their entitlement to partipate in proceedings — Court to consider the satisfaction of creditor's debts. agreement of creditors and conduct of winding up in determining whether to allowe a termination — Absence of any objection from liquidator — Order 15 Rule 6 Rules of Court 2012 — Order 92 Rules of Court 2012 — Section 517 Companies Act 2016 1
Application by Liquidator to compel Submission for Statement of Affairs of former director of the company– Submission for Statement of Affairs by former Director of Company before liquidation of company — Whether a former director can be compelled to submit a Statement of Affairs — Whether the liquidators’ request and application were procedurally proper — Whether the former director status as a nominee director or his claimed lack of information relieves him of the obligation — Inherent Jurisdiction of Court — Section 461 Companies Act — Section 484 Companies Act 2016 — Order 92 Rule 4 Rules of Court 2012 — Form 17 of Companies (Winding-Up) Rules 1972 12 cases
ba-28pw-146-07-2024 1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Academy Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Academy Sdn Bhd (In Liquidation) v FUSIONEX ACADEMY SDN BHD (IN LIQUIDATION) PIHAK TERKILAN LAM HAI SHUAN
19 February 2025
ba-28pw-147-07-2024 1. ) Khoo Siew Kiat (in their capacity as Liquidators of ADV Fusionex Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of ADV Fusionex Sdn Bhd (In Liquidation) v ADV FUSIONEX SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
ba-28pw-148-07-2024 1. ) Khoo Siew Kiat (in their capacity as Liquidators of FX Cloud Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of FX Cloud Sdn. Bhd. (In Liquidation) v FX CLOUD SDN. BHD. (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
ba-28pw-149-07-2024 1. ) Khoo Siew Kiat (in their capacity as Liquidators of FX DFTZ ESERVICES Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of FX DFTZ ESERVICES Sdn. Bhd. (In Liquidation) v FX DFTZ ESERVICES SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
ba-28pw-150-07-2024 1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusiotech Solutions Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusiotech Solutions Sdn Bhd (In Liquidation) v FUSIOTECH SOLUTIONS SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
+ 7 more cases
Application for termination of winding up order — Application by Petitioner — Potential revival of company through Receiver and Manager — Application was procedurally defective — Contributory argues company remains insolvent — Whether the Petitioner has satisfied the Court that the winding up order ought to be terminated pursuant to Section 493 of the Companies Act 2016 — Whether the Petitioner has demonstrated satisfaction of Company’s debt, solvency of the Company or the existence of other circumstance which justify terminating the winding up order — Company remains indebted — No audited financial statements or financial evidence have been produced — The Petitioner has not placed before the Court any concrete restructuring mechanism — Timing of Application — Court is not persuaded that the very short lapse of time between the making of the winding-up order and the filing of the present application is supported by sufficiently concrete developments to justify terminating the winding-up — Receivership and Liquidation does not provide the same level of protection for unsecured creditors as a court-supervised liquidation — Section 493 of Companies Act 2016. 1 case
Leave Application to set aside vesting order — Section 295 Companies Act 1956 — Absence of full disclosure — Res judicata — Vesting order remains valid and binding — Whether the applicant is entitled to seek leave under Section 471 Companies Act 2016 to commence fresh proceedings to set aside the vesting order — Whether the principles of res judicata, issue estoppel and finality of litigation bar the present application — Badiaddin Principle — Judicial finality and access ot justice 1 case
Section 351, 461, 482(b), 486(2) and 510 of the Companies Act 2016 — Whether leave of Court is required — Whether the Court has jurisdiction to grant the declaratiory and injunctive relief sought — Whether the application is defective for failure to join Kuala Ibai Property Sdn Bhd as a party — Whether the Turnkey Agreement is liable to be set aside — Whether the Turnkey Agrement is liable to be set aside — Whether a permanent injuction ought to be granted 1 case
Whether the propsed interveners have a sufficient legal interest in the subject matter of these proceedings such that they ought to be allowed to intervene — Creditors has direct interest in the administration and conclusion of winding up — Whether the proposed intervener's debts have been formally admitted by the liquidators does not conclusively determin their entitlement to partipate in proceedings — Court to consider the satisfaction of creditor's debts. agreement of creditors and conduct of winding up in determining whether to allowe a termination — Absence of any objection from liquidator — Order 15 Rule 6 Rules of Court 2012 — Order 92 Rules of Court 2012 — Section 517 Companies Act 2016 1 case
Court Distribution
Key People & Firms
Top Judges
Cases
ba-28pw-102-05-2024
SMEB ASSET MANAGEMENT SDN BHD v XORIX SDN BHD PIHAK KETIGA Jabatan Insolvensi Malaysia
11 March 2026
MYHC
ba-28pw-22-01-2025
SKS INTEGRATED GROUP SDN BHD v SKS FOAM (M) SDN BHD
11 September 2025
MYHC
ba-28pw-15-01-2024
1. ) DATO' CHANG JONG YU 2. ) ICONIC BINA SDN. BHD. 3. ) LAMAN KEJORA SDN. BHD. 4. ) CERAH TEGUH SDN. BHD. 5. ) PERMAI IKHLAS SDN. BHD. v IBAIMAS SDN. BHD. PIHAK TERKILAN KUALA IBAI PROPERTY SDN BHD
23 June 2025
MYHC
ba-28pw-260-09-2024
GRAND WELLNESS HUB SDN. BHD v MINES WATERFRONT BUSINESS PARK SDN. BHD. PENCELAH 1. ) LING HOW GIN 2. ) YAP CHYE CHEEY 3. ) JOGINDAR SINGH A/L SARDARA SINGH 4. ) ORALIX MARKETING SDN BHD
24 March 2025
MYHC
ba-28pw-146-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Academy Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Academy Sdn Bhd (In Liquidation) v FUSIONEX ACADEMY SDN BHD (IN LIQUIDATION) PIHAK TERKILAN LAM HAI SHUAN
19 February 2025
MYHC
ba-28pw-147-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of ADV Fusionex Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of ADV Fusionex Sdn Bhd (In Liquidation) v ADV FUSIONEX SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-148-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of FX Cloud Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of FX Cloud Sdn. Bhd. (In Liquidation) v FX CLOUD SDN. BHD. (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-149-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of FX DFTZ ESERVICES Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of FX DFTZ ESERVICES Sdn. Bhd. (In Liquidation) v FX DFTZ ESERVICES SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-150-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusiotech Solutions Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusiotech Solutions Sdn Bhd (In Liquidation) v FUSIOTECH SOLUTIONS SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-151-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Trade Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Trade Sdn. Bhd. (In Liquidation) v FUSIONEX TRADE SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-152-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Technology Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Technology Sdn. Bhd. (In Liquidation) v FUSIONEX TECHNOLOGY SDN. BHD. (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-153-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Corp. Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Corp. Sdn. Bhd. (In Liquidation) v FUSIONEX CORP. SDN. BHD. (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-154-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Capital Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Capital Sdn Bhd (In Liquidation) v FUSIONEX CAPITAL SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-155-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Connect Sdn Bhd (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Connect Sdn Bhd (In Liquidation) v FUSIONEX CONNECT SDN BHD (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-156-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Solutions Inc. Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Solutions Inc. Sdn. Bhd. (In Liquidation) v FUSIONEX SOLUTIONS INC. SDN. BHD. (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC
ba-28pw-157-07-2024
1. ) Khoo Siew Kiat (in their capacity as Liquidators of Fusionex Innovations Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of Fusionex Innovations Sdn. Bhd. (In Liquidation) v FUSIONEX INNOVATIONS SDN. BHD. (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan
19 February 2025
MYHC