ZUHARINA BTE ZINIL ABEDEN v KAMC (KL) SENDIRIAN BERHAD (DALAM PENGGULUNGAN)

wa-28pw-742-12-2025 High Court (Mahkamah Tinggi) 26 January 2026 • WA-28PW-742-12/2025 • 5 min read

Outcome

As such and with much regret, I dismissed Encl 1 with no order as to costs.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-28pw-742-12-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Company law – Winding up – Leave to proceed against company in liquidation – Application to continue and execute Industrial Court proceedings – Whether leave should be granted post-winding-up – Effect of winding-up order on pending proceedings – Sections 451(2), 471(1) and 471(2) Companies Act 2016 – Industrial relations – Unfair dismissal – Industrial Court award – Non-payment of award – Whether claimant entitled to proceed with execution proceedings against company – Insolvency – Proof of debt – Whether claim ought to be submitted through liquidation process – Pari passu distribution – Whether granting leave would confer undue preference over other creditors – Role of liquidator and Official Receiver – Whether leave necessary to proceed against directors personally – Whether application ought to be dismissed

Practice Areas

Company Law Employment & Industrial Relations

Judges (1)

Suhendran Sockanathan Delivered

Counsel (3)

Ganesh & Co Firm Engku Norsuhaila binti Engku Zain Counsel Respondent Ganesh Perumal Counsel Applicant

Parties (2)

KAMC SENDIRIAN BERHAD (DALAM PENGGULUNGAN) Respondent Zuharina Bte Zinil Abeden Applicant

Statutes Cited

Companies Act 2016 (Cap 777)
Industrial Relations Act 1967 (Cap 177)

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-28pw-742-12-2025)