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EMRAIL Sdn Bhd
Organisation 3 cases
About EMRAIL Sdn Bhd
EMRAIL Sdn Bhd appears as a party in 3 judgments in the MY Case Law database, spanning September 2025 to November 2025. EMRAIL Sdn Bhd appeared as respondent in 2 cases, applicant in 1 case. Cases span the High Court (3).
How many court cases involve EMRAIL Sdn Bhd?
EMRAIL Sdn Bhd appears in 3 published judgments from September 2025 to November 2025. Most commonly as respondent (2 cases).
Practice Areas
This is an appeal by the Plaintiff against my decision delivered on 2.10.2025 whereby the Court declined to confirm the ex parte injunction previously granted on 19.9.2025 and instead discharged the said interim order. The Courts finds that the Plaintiff’s Originating Summons (Enclosure 1) was commenced in breach of section 410(c) of the Companies Act 2016 and is therefore incompetent, that the Ex Parte Injunction Order (Enclosure 8) was obtained through material non-disclosure and contrary to statute, and that the reliefs sought offend sections 54(d) and (f) of the Specific Relief Act 1950 and section 29(2) of the Government Proceedings Act 1956. 1 Judicial management—Statutory moratorium—Section 410(c) Companies Act 2016—Pending judicial management application—Effect on winding-up petition commenced thereafter—Whether High Court has jurisdiction to hear interlocutory applications within winding-up proceedings—Stay application and striking-out application—Whether amount to “commencement or continuation of proceedings” against company—Construction and purpose of section 410(c)—Leave requirement—Prior leave nunc pro tunc granted by Judicial Management Court subsequently set aside on appeal—No subsisting leave—Moratorium operating in full force—Whether prohibition applies to applications filed by company itself—Section applies regardless of applicant—Any step taken within winding-up cause constitutes continuation of proceeding—Court barred from entertaining merits—Jurisdictional bar—Applications dismissed for want of jurisdiction—Winding-up petition neither struck out nor dismissed—Petition held in abeyance pending grant of leave—No order as to costs. 1 These two Originating Summons are connected by an Adjudication Decision dated 18.5.2025 that North Soil Eng (M) Sdn Bhd obtained against Emrail Sdn Bhd under Construction Industry Payment and Adjudication Act, 2012. Emrail is applying to set aside the Adjudication Decision while North Soil is applying under section 28 of the Act to enforce the Adjudication Decision against Emrail as if it is a judgment or order of the High Court. 1