1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. BHD. 3. ) Dynac Sdn Bhd v 1. ) TH HEAVY ENGINEERING BERHAD (DALAM PENGGULUNGAN) 2. ) TH HEAVY ENGINEERING BERHAD PIHAK TERKILAN 1. ) STAR KRIS SERVICES SDN BHD 2. ) NSF ENGINEERING SDN BHD
Catchwords
COMPANY LAW: Winding up – Conversion from voluntary to compulsory liquidation – Creditors' voluntary liquidation cannot be continued with due regard to interests of creditors – Whether voluntary winding up can be continued with due regard to interests of creditors or contributories under section 464(2)(d) CA 2016 – Whether court has discretion to convert voluntary liquidation to compulsory liquidation – Whether interim liquidators lack independence and impartiality – Whether voluntary liquidation commenced for ulterior purposes – Whether need for independent investigation into company affairs – Whether views of majority creditors should prevail – Whether fair play and commercial morality principles apply – Appointment of liquidators in compulsory winding up – Whether petitioning creditor's choice of liquidators should be appointed – Whether judgment debts under appeal affect standing of creditors – Whether pending appeals create conflicts of interest for nominated liquidators – Whether court oversight provides adequate safeguards against potential bias INSOLVENCY LAW: Liquidators – Independence and qualifications – Court supervision versus voluntary liquidation – Whether liquidators must be seen to be independent – Whether prior relationship with company affects liquidator independence – Whether court-appointed liquidators as officers of court provide better protection for creditors – Whether forensic investigation capabilities required for complex liquidations – Whether creditors' meetings process would cause unnecessary delays and costs
Practice Areas
Judges (1)
Parties (7)
Case Significance
1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. B... is a High Court (Mahkamah Tinggi) decision dated May 26, 2025 (citation: wa-28ncc-175-02-2024). The case was decided by Atan Mustaffa Yussof Ahmad.
What was the outcome of 1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. B...?
1. ) Globalmariner Offshore Services Sdn Bhd 2. ) BOOMSLANG TECHNOLOGY SDN. B... is a High Court decision dated May 26, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.