BALARANEE CONSTRUCTION v EMRAIL SDN BHD

ba-28ncc-249-05-2024 High Court (Mahkamah Tinggi) 19 November 2025 • BA-28NCC-249-05/2024

Catchwords

Judicial management—Statutory moratorium—Section 410(c) Companies Act 2016—Pending judicial management application—Effect on winding-up petition commenced thereafter—Whether High Court has jurisdiction to hear interlocutory applications within winding-up proceedings—Stay application and striking-out application—Whether amount to “commencement or continuation of proceedings” against company—Construction and purpose of section 410(c)—Leave requirement—Prior leave nunc pro tunc granted by Judicial Management Court subsequently set aside on appeal—No subsisting leave—Moratorium operating in full force—Whether prohibition applies to applications filed by company itself—Section applies regardless of applicant—Any step taken within winding-up cause constitutes continuation of proceeding—Court barred from entertaining merits—Jurisdictional bar—Applications dismissed for want of jurisdiction—Winding-up petition neither struck out nor dismissed—Petition held in abeyance pending grant of leave—No order as to costs.

Practice Areas

Bankruptcy & Insolvency Company Law

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (2)

EMRAIL Sdn Bhd Respondent Balaranee Construction Petitioner

Judgment

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Source: eJudgment (ba-28ncc-249-05-2024)