SHVT Building Solution Sdn Bhd v 1. ) Tan Keng Meng 2. ) Low Pey Jiuan 3. ) TNT Engineering Sdn Bhd

ba-22ncc-129-10-2023 High Court (Mahkamah Tinggi) 12 October 2025 • BA-22NCC-129-10/2023

Catchwords

COMPANY LAW: Winding up – 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

Practice Areas

Company Law Damages

Judges (1)

Elaine Yap Chin Gaik Delivered

Parties (4)

SHVT Building Solution Sdn Bhd Plaintiff TNT Engineering Sdn Bhd Defendant Low Pey Jiuan Defendant Tan Keng Meng Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncc-129-10-2023)