GLOMAXES LATEX GLOVE MANUFACTURER SDN. BHD. v GIIB HEALTHCARE PRODUCTS SDN. BHD. PENCELAH GIIB HOLDINGS BERHAD

ba-28ncc-707-12-2022 High Court (Mahkamah Tinggi) 15 May 2025 • BA-28NCC-707-12/2022

Catchwords

Leave to file Affidavit in Opposition to the winding up petition out of time-Rule 193 of the Companies (Winding-up) Rules 1972-Petitioner opposed-delay was inordinate-inexcusable-calculated strategy to obstruct the progress of petition-delay of nearly 10 months-delay caused by financial constraints-misappropriation of funds-ongoing disputes involving directors-Respondent contends no real prejudice to the Petitioner-Court to exercise its discretion in the interest of justice-Rule 193 and 194- wide and not curtailed by rigid timelines-Court may enlarge time even if hearing date has been fixed-Court must consider conduct of the applicant-length of the delay-the reasons advanced and overall interests of justice-discretion to enlarge time must be exercised judiciously-financial difficulties and collateral disputes do not absolve a party from its obligation to comply with procedural timelines-winding up petition-expediency and certainty are of paramount importance-no steps taken to regularize-no credible defence to the petition debt has been disclosed-vague allegations of conspiracy not sufficient to warrant indulgence from this Court-any further delay would prejudice the legitimate interests of the Petitioner.

Practice Areas

Company Law Criminal Law

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (3)

GIIB HEALTHCARE PRODUCTS Sdn Bhd Respondent GIIB HOLDINGS BERHAD Intervener GLOMAXES LATEX GLOVE MANUFACTURER Sdn Bhd Petitioner

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-28ncc-707-12-2022)