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A Case Analysis of Double Success Constructions Sdn Bhd v Smart Glove Industries (Malaysia) Sdn Bhd & Ors [2025] AMEJ 1455 Introduction Under Section 410 of the Companies Act 2016 (“ CA ”), the filing of a judicial management application automatically imposes an interim moratorium on all legal proceedings. This includes the stay of any pending winding-up proceedings. In this respect, no legal proceedings can be commenced or continued against the target company, except wit

In the Malaysian construction industry, it is not uncommon for parties to carry out works based on informal arrangements, oral agreements, or loosely documented terms such as quotations, purchase orders, invoices, or chains of correspondence. While commercial realities often drive projects forward without a formal, detailed contract, this practice frequently becomes fertile ground for disputes — especially where payment issues arise. As part of Parliament’s legislative in

The question of whether an adjudication decision rendered under the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) can form the basis for winding-up a company has frequently been challenged by non-paying parties. They often argue that the adjudicated debt is bona fide disputed on substantial or reasonable grounds and therefore the winding-up petition is bound to fail. On some occasions, such arguments have been successful, such as in the High Court cases