Companies and Corporations
6 cases · November 2017 to July 2025
Case Volume by Year
1 17
5 25
2017–2025
Key Issues & Sub-Topics
Winding up — Post-winding-up application — Power of court to terminate winding-up proceedings under s 493 Companies Act 2016 — Whether winding-up order may be terminated notwithstanding procedural regularity — Concealment of material information in winding-up petition — Draft audited financial statement showing unresolved liabilities — Whether petitioner denied existence of debt — Majority shareholders holding 56.6% equity supporting revival of family company — Need for shareholder investigation — Liquidator to cease further action — Costs of liquidation borne by applicants — Interests of justice. 1 Shares — Transmission and transfer of shares — Whether shares devolving from deceased shareholder to beneficiaries under will constitute transmission or transfer — Executor obtained probate and caused partial transfer of shares to one beneficiary with stamp duty paid — Executor later requested remaining shares to be registered in names of other beneficiaries without Form 32A or stamp duty — Company refused registration — Whether executor’s assent perfects transmission or separate transfer required — Whether Articles of Association restrict registration of beneficiaries except through proper instrument of transfer — Whether directors may exercise discretion in registration — Whether court may override mandatory requirements of Companies Act 2016 and company Articles — Companies Act 2016 ss 33, 50, 103, 105(1), (4), 109; Probate and Administration Act 1959 s 12. 1 Winding up — Inability to pay debts — Statutory demand duly served — Presumption of insolvency under ss. 465(1)(e) and 466(1)(a) Companies Act 2016 — Judgment debt arising from court orders — No bona fide or substantial dispute — Filing of appeal not amounting to stay — Winding-up petition allowed with costs — Civil procedure — Interlocutory application rendered academic by subsequent winding-up order 1 Minority Oppression — Allegation of oppressive conduct by Defendants — Whether Plaintiff established a claim for minority oppression under Section 346 of the Companies Act 2016 — Plaintiff removed from management and denied physical access to company premises — Whether such actions constituted oppression — Breakdown of mutual trust and confidence among shareholders — Whether the Plaintiff’s rights as shareholder and director were disregarded — Whether Defendants acted for an improper purpose or breached fiduciary duties — Sufficiency of evidence to support claim of oppressive conduct — Applicability and scope of Section 346 of the Companies Act 2016. 1 Winding up — Liquidator — Whether leave of the winding-up court is required to commence proceedings against a court-appointed liquidator — Whether the applicant established a prima facie case or demonstrated pecuniary loss to the company in various allegations — Whether allegations warrants the court intervention in the liquidation process. 1 Appeal — Oppression — Purchase of shares of minority shareholder — Whether petitioner’s gross delay in filing ‘oppression petition’ inexcusable and fatal — Whether in the circumstances of this case, the Applicant’s only remedy lay in a derivative action in the name of the 1st Respondent Company to the exclusion of any remedy for minority oppression — Whether in the circumstances of this case, the reflective loss principle had any application — Companies Act 1965 [Act 125], section 181 1
Winding up — Inability to pay debts — Statutory demand duly served — Presumption of insolvency under ss. 465(1)(e) and 466(1)(a) Companies Act 2016 — Judgment debt arising from court orders — No bona fide or substantial dispute — Filing of appeal not amounting to stay — Winding-up petition allowed with costs — Civil procedure — Interlocutory application rendered academic by subsequent winding-up order 1 case
Winding up — Liquidator — Whether leave of the winding-up court is required to commence proceedings against a court-appointed liquidator — Whether the applicant established a prima facie case or demonstrated pecuniary loss to the company in various allegations — Whether allegations warrants the court intervention in the liquidation process. 1 case
Court Distribution
Key People & Firms
Cases
aa-28pw-17-04-2023
1. ) Ong Hui Hui 2. ) Ong Ming Ming v 1. ) Ong Kok Pin @ Ong Bok Lim 2. ) Song Seng Sendirian Berhad
23 July 2025
MYHC
aa-24ncc-11-04-2024
1. ) LOH SIEW CHOONG 2. ) LOH SIEW NGOH 3. ) LOO KIM LIN @ LOH SIEW LIN v 1. ) TOONG YUEN (IPOH) SDN BHD 2. ) LOH FOOK WAH @ LOH FOOK FAH 3. ) LOH KWOK YUAN 4. ) AHMAD RIZAM BIN ZAMRI 5. ) MUSTAFA BIN BAHARUDIN 6. ) TEH CHEE YIP 7. ) MEOR MUHAMMAD HAFIFI BIN HAMZAH
30 June 2025
MYHC
aa-28ncc-87-10-2023
KOPERASI PEKERJA JAYA BERHAD v PIONEER HOLDINGS SDN BHD
29 May 2025
MYHC
wa-24ncc-249-05-2024
LEE BEE SUN v 1. ) SIEW SEOW KIM 2. ) MUCK HO WAN 3. ) SUPER RESOURCES & TRADING SDN. BHD
11 March 2025
MYHC
aa-28pw-40-03-2024
Dato' Suki Mee v FAR ORIGIN SDN. BHD ( DALAM PENGGULUNGAN)
20 January 2025
MYHC
02f-45-07-2016w
RINOTA CONSTRUCTION SDN BHD … Appellant/ Petitioner v 1. MASCON RINOTA SDN BHD … Respondents 2. MASCON SDN BHD 3. OLYMPIA INDUSTRIES BHD 4. DATO’ YAP YONG SEONG 5. YAP WEE KEAAT 6. MASCON CONSTRUCTION SDN BHD
8 November 2017
MYFC