Wong Rhen Yen, Emily Wong & Lim Yivonne for the Applicant of Enl 40 [Messrs Dennis Nik & Wong] LAIN-LAIN 1. ) Himahlini Ramalingam for the Liquidator [Messrs Himahlini & Co.] 2. ) Yuvaraj Sugapathy for the Joint Management Body of Laguna Re

Wong Rhen Yen, Emily Wong & Lim Yivonne for the Applicant of Enl 40 [Messrs Dennis Nik & Wong] LAIN-LAIN 1. ) Himahlini Ramalingam for the Liquidator [Messrs Himahlini & Co.] 2. ) Yuvaraj Sugapathy for the Joint Management Body of Laguna Re

The Consent Order did not expressly remove WWF and the 28.4.2017 Order appointing WWF remains intact; removal of a court‑appointed liquidator requires an express court order; therefore WWF remains a valid lawful liquidator despite the Consent Order and CSM's appointment, and the application to strike out/stay Enclosure 1 is dismissed.

Citation
POST (WINDING-UP) APPLICATION NO. WA-28PW-665-11/2019 (Mahkamah Tinggi)
Parties
Company (in Liquidation): Tenaga Gagah Sdn Bhd (In Liquidation); Applicant / Liquidator (appointed by Consent Order): Chan Siew Mei; Court‑appointed Liquidator (appointed 28.4.2017): Wong Weng Foo; Interested Party / Joint Management Body: Joint Management Body of Laguna Residence
Court
WINDING-UP
Jurisdiction
Malaysia
Judgment Date
2 July 2021
Case Number
POST (WINDING-UP) APPLICATION NO. WA-28PW-665-11/2019 (Mahkamah Tinggi)
Procedural Posture
Post‑winding‑up Application Under Companies Act / Winding‑up Rules / Hearing and Judgment on Application to Strike Out/stay Form of Summons (enclosure 1)
Outcome
Application dismissed
Legal Topics
Liquidator Appointment and Removal, Locus Standi to Litigate in Liquidation, Effect of Stay Orders and Consent Orders, Strike Out and Procedural Relief, Costs
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Liquidator Appointment and Removal Locus Standi to Litigate in Liquidation Effect of Stay Orders and Consent Orders Strike Out and Procedural Relief Costs

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Parties

Tenaga Gagah Sdn Bhd (In Liquidation)

Company (in Liquidation)

Chan Siew Mei

Applicant / Liquidator (appointed by Consent Order)

Wong Weng Foo

Court‑appointed Liquidator (appointed 28.4.2017)

Joint Management Body of Laguna Residence

Interested Party / Joint Management Body

Procedural Posture

Post‑winding‑up Application Under Companies Act / Winding‑up Rules / Hearing and Judgment on Application to Strike Out/stay Form of Summons (enclosure 1)

Legal Issues

  1. 1 Whether Mr Wong Weng Foo (WWF) has locus standi to file and prosecute Enclosure 1 on behalf of the company
  2. 2 Whether WWF remains a valid court‑appointed liquidator after the Court of Appeal stay and the subsequent Consent Order appointing Chan Siew Mei (CSM)
  3. 3 Whether Enclosure 1 should be stayed or struck out and whether WWF should be restrained from holding himself out as liquidator

Ratio Decidendi

The Consent Order did not expressly remove WWF and the 28.4.2017 Order appointing WWF remains intact; removal of a court‑appointed liquidator requires an express court order; therefore WWF remains a valid lawful liquidator despite the Consent Order and CSM's appointment, and the application to strike out/stay Enclosure 1 is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs of RM5,000.00 to be borne personally by Ms Chan Siew Mei and to be paid to Mr Wong Weng Foo