1. ) HASHIM BIN ABD RAZAK 2. ) MAIMON BINTI ABDUL RAZAK 3. ) ZAINAH MAHANI BINTI ABD RAZAK v PEMBINAAN PD JAYA SDN. BHD. (Dalam Likuidasi)

n-02imncvc-1761-10-2024 Court of Appeal (Mahkamah Rayuan) 14 December 2025 • N-02(IM)(NCvC)-1761-10/2024 • 45 min read

6 cases cited (1 SG, 5 foreign)

Catchwords

Arbitration – Stay of court proceedings – Arbitration Agreement – Adoption by liquidator – Whether Director General of Insolvency required to adopt arbitration agreement under Section 49 of the Arbitration Act 2005 – Distinction between individual bankruptcy and corporate winding-up - Mandatory stay under Section 10 of the Arbitration Act 2005 – Whether arbitration agreement inoperative or incapable of being performed – Doctrine of separability – Parties Autonomy - Survival of arbitration clause despite winding-up of company - Arbitrability – Dispute arising from pre-insolvency contractual rights – Whether arbitrable post-liquidation – Public policy considerations – Contrast with insolvency-specific remedies Insolvency Law – Company in liquidation – Leave to proceed under Section 471 of the Companies Act 2016 – Whether arbitration may proceed without leave – Distinction between bankruptcy and corporate liquidation – Section 49 of the Arbitration Act 2005 inapplicable to companies. Res Judicata – Interlocutory order – Stay order not appealed – Whether subsequent application to set aside constitutes re-litigation – Abuse of process – Principle of finality.

Practice Areas

Arbitration Insolvency Law Res Judicata

Judges (3)

Alwi bin Abdul Wahab Coram Mohd Nazlan bin Mohd Ghazali Coram Shahnaz binti Sulaiman Delivered

Counsel (4)

Amir, Halim & Associates Firm Rama & Associates Firm Abdul Halim bin Lokman Counsel Respondent Ramasamy a/l Ellan Counsel Appellant

Parties (4)

PEMBINAAN PD JAYA Sdn Bhd. (Dalam Likuidasi) Respondent Hashim bin Abd Razak Appellant Maimon binti Abdul Razak Appellant Zainah Mahani binti Abd Razak Appellant

Case Significance

1. ) HASHIM BIN ABD RAZAK 2. ) MAIMON BINTI ABDUL RAZAK 3. ) ZAINAH MAHANI BI... is a Court of Appeal (Mahkamah Rayuan) decision dated December 14, 2025 (citation: n-02imncvc-1761-10-2024). <p>Three landowners appealed against the dismissal of their application to set aside a stay of court proceedings in favour of arbitration under a 2002 Joint Venture Agreement with a developer now in liquidation. The Court of Appeal unanimously dismissed the appeal, holding the mandatory stay under section 10 of the Arbitration Act was proper and the pre-insolvency contractual dispute remained arbitrable.</p> The panel comprised Alwi bin Abdul Wahab, Mohd Nazlan bin Mohd Ghazali and Shahnaz binti Sulaiman, with Shahnaz binti Sulaiman delivering the judgment. Counsel appearing: Abdul Halim bin Lokman (counsel for respondent), Ramasamy a/l Ellan (counsel for appellant).

Key issues: Res Judicata – Interlocutory order – Stay order not appealed – Whether subsequent application to set aside constitutes re-litigation – Abuse of process – Principle of finality..

Summary

Three landowners appealed against the dismissal of their application to set aside a stay of court proceedings in favour of arbitration under a 2002 Joint Venture Agreement with a developer now in liquidation. The Court of Appeal unanimously dismissed the appeal, holding the mandatory stay under section 10 of the Arbitration Act was proper and the pre-insolvency contractual dispute remained arbitrable.

What was the outcome of 1. ) HASHIM BIN ABD RAZAK 2. ) MAIMON BINTI ABDUL RAZAK 3. ) ZAINAH MAHANI BI...?

<p>Three landowners appealed against the dismissal of their application to set aside a stay of court proceedings in favour of arbitration under a 2002...