TH HEAVY ENGINEERING BERHAD
About TH HEAVY ENGINEERING BERHAD
TH HEAVY ENGINEERING BERHAD appears in 3 reported Malaysia court cases (2023–2025). TH HEAVY ENGINEERING BERHAD is recorded as Respondent (1), Applicant (1) and Defendant (1). These cases were heard before MYHC (3).
On the court record
A company litigating shareholders'-agreement default remedies and the conversion of a voluntary liquidation into a compulsory one under the Companies Act 2016.
TH Heavy Engineering Berhad appears in the corpus in company and insolvency proceedings spanning a shareholders' agreement dispute, the withdrawal of an action, and the conversion of a voluntary liquidation into a compulsory one.
One matter concerned a shareholders' agreement and the issuance of a default notice and default sale notice by a shareholder. The court examined whether those notices were valid, whether a shareholder had become insolvent and unable to pay its debts, and whether clauses on default notice and default sale infringed the pari passu rule and the anti-deprivation rule, together with an alleged obligation to provide financing, breach of fiduciary duties, and claims in negligent misrepresentation and negligent misstatement.
A second matter concerned the withdrawal of an action under Order 21 rule 3 of the Rules of Court 2012, the court considering whether the case was at an advanced stage, whether the respondents were dominus litis, and whether any prejudice was caused by the withdrawal.
A third matter concerned the conversion of a creditors' voluntary liquidation into a compulsory liquidation. The court examined whether a voluntary winding up could be continued with due regard to the interests of creditors or contributories under section 464(2)(d) of the Companies Act 2016, whether it had a discretion to convert to compulsory liquidation, whether interim liquidators lacked independence and impartiality, whether the voluntary liquidation had been commenced for ulterior purposes, and whether a court-appointed liquidator as an officer of the court provides better protection for creditors, including questions of liquidator independence and the need for independent investigation.
These proceedings show a company litigating the enforcement of shareholder-agreement remedies and the machinery and integrity of its own liquidation. The narrative reports the statutory provisions and the issues the courts identified, and states outcomes only as recorded, without expressing any view on the conduct alleged.
How many Malaysia court cases involve TH HEAVY ENGINEERING BERHAD?
TH HEAVY ENGINEERING BERHAD appears in 3 reported Malaysia court cases (2023–2025).
Which courts does TH HEAVY ENGINEERING BERHAD appear in?
TH HEAVY ENGINEERING BERHAD appears before MYHC (3).
What did the shareholders' agreement matter examine?
Whether default and default-sale notices were valid, whether a shareholder had become insolvent, and whether the default clauses infringed the pari passu and anti-deprivation rules, alongside fiduciary-duty and negligent-misstatement claims.
What did the conversion-of-liquidation matter turn on?
Whether a creditors' voluntary liquidation could be continued with due regard to creditors' interests under section 464(2)(d) of the Companies Act 2016, and whether interim liquidators lacked independence such that a court-appointed liquidator would better protect creditors.