COMPANIES
4 cases · November 2018 to February 2026
Case Volume by Year
1 18
1 23
1 25
1 26
2018–2026
Key Issues & Sub-Topics
Winding Up — Fortuna injunction — Statutory notice under s 465(1)(e) Companies Act 2016 — Judgment in default of appearance — Pending appeal against dismissal of application to set aside — Whether debt is disputed on genuine and substantial grounds — Irreparable damage 1 Winding up — Contributory — Leave to bring, continue and defend proceedings in name of company in liquidation — Application under s 486(2) Companies Act 2016 — Whether applicant had locus standi as shareholder — Whether liquidator refused or declined to act — Whether court required to assess merits in detail — Test whether grant of leave is in interests of company — Pending appeals against High Court judgment exceeding RM8 million — Impeachment proceedings alleging fraud — Taxation proceedings and defence of solicitors’ claim — Whether continuation of proceedings may preserve or enhance company’s assets or reduce liabilities — Financial difficulties of company not determinative — Leave granted subject to undertaking to bear legal costs and account for proceeds — Companies Act 2016, ss 2, 466(1)(a), 486(2). 1 Winding Up — Duties and powers of a liquidator — Proof of Debt — Limitation period — Whether the Limitation Act 1953 applies to Proof of Debt that is accepted and not formally rejected by a Liquidator? — Imposition of Interest — Whether the Liquidators can unilaterally impose interest on the basis of a commercial decision and at a rate unilaterally decided by them despite the absence of any contractual provision and/or agreement by the Appellant? 1 Winding-up — Winding-up Order — setting aside winding up order made by deputy registrar in chambers — breach of rule 5(1)(a) of Companies (Winding-up Rules) 1972 — whether the winding up order is null and void — whether High Court has the jurisdiction to set aside perfected order which is seriously defective — whether only judge in open court can make winding up order 1
Winding Up — Fortuna injunction — Statutory notice under s 465(1)(e) Companies Act 2016 — Judgment in default of appearance — Pending appeal against dismissal of application to set aside — Whether debt is disputed on genuine and substantial grounds — Irreparable damage 1 case
Winding Up — Duties and powers of a liquidator — Proof of Debt — Limitation period — Whether the Limitation Act 1953 applies to Proof of Debt that is accepted and not formally rejected by a Liquidator? — Imposition of Interest — Whether the Liquidators can unilaterally impose interest on the basis of a commercial decision and at a rate unilaterally decided by them despite the absence of any contractual provision and/or agreement by the Appellant? 1 case
Winding-up — Winding-up Order — setting aside winding up order made by deputy registrar in chambers — breach of rule 5(1)(a) of Companies (Winding-up Rules) 1972 — whether the winding up order is null and void — whether High Court has the jurisdiction to set aside perfected order which is seriously defective — whether only judge in open court can make winding up order 1 case
Key Statutes
Companies Act 2016 (Cap 777)
cited in 2 cases Court Distribution
Key People & Firms
Top Judges
Top Firms
Cases
wa-24ncc-35-01-2026
GAIA PLAS SDN BHD v EXPORT-IMPORT BANK OF MALAYSIA BERHAD
24 February 2026
MYHC
wa-28pw-283-06-2025
1. ) Chung Yoo Hock 2. ) OCEANERGY GASES SDN. BHD. v Zumatex Engineering Sdn. Bhd.
8 December 2025
MYHC
02f-45-05-2022w
GENISYS INTEGRATED ENGINEERS PTE LTD v 1. ) UEM GENISYS SDN BHD (Dalam Likuidasi) 2. ) ONN KIEN HOE (disaman dalam kapasiti sebagai seorang pelikuidasi) 3. ) MOK YUEN LOK (disaman dalam kapasiti sebagai seorang pelikuidasi)
3 April 2023
MYFC
02f-99-09-2017b-didengar-bersama-02i-101-09-2017b
1. ) Malayan Banking Berhad 2. ) SKS Foam (M) Sdn Bhd v 1. ) Gan Bee San & 4 Lagi 2. ) Gan Bee San & 2 Lagi PENCELAH SKS Foam (M) Sdn Bhd
21 November 2018
MYFC