Sukhwinder Singh for the Applicant [Messrs Sukhwinder Singh N Mahinder Singh] S. Ravichandaran and Puvarnisha Paskaran for the Respondent [Messrs S. Ravichandran & Anuar]

Sukhwinder Singh for the Applicant [Messrs Sukhwinder Singh N Mahinder Singh] S. Ravichandaran and Puvarnisha Paskaran for the Respondent [Messrs S. Ravichandran & Anuar]

The court held that under Companies Act 2016 ss 502 and 503 the 2nd Applicant is entitled to the specified documents which the respondent, by virtue of his former role as liquidator and director of Rimbun, likely has or can provide; however, an oral examination would be oppressive and unnecessary, therefore production of documents is ordered and oral examination is replaced by written interrogatories with prescribed timelines and forms; costs ordered to be paid from the company's assets.

Citation
NOTICE OF MOTION NO. WA-28PW-243-08/2021 (Mahkamah Tinggi)
Parties
Applicant Company (in Creditor's Voluntary Liquidation): Lembah Kerjaya Sdn Bhd; Applicant Liquidator: Mohd Afrizan bin Husain; Respondent Former Liquidator: Sundarasan a/l Arumugam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 August 2022
Case Number
NOTICE OF MOTION NO. WA-28PW-243-08/2021 (Mahkamah Tinggi)
Procedural Posture
Company Liquidation Creditors' Voluntary Liquidation / Interlocutory Notice of Motion for Production of Documents and Examination/written Interrogatories
Outcome
Motion granted in part: production of documents ordered; oral examination refused; written interrogatories ordered; costs to be paid out of the company's assets
Legal Topics
Liquidator Duties and Powers, Production of Documents, Written Interrogatories Vs Oral Examination, Companies Act 2016 Compliance
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Liquidator Duties and Powers Production of Documents Written Interrogatories Vs Oral Examination Companies Act 2016 Compliance

Case Brief

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Parties

Lembah Kerjaya Sdn Bhd

Applicant Company (in Creditor's Voluntary Liquidation)

Mohd Afrizan bin Husain

Applicant Liquidator

Sundarasan a/l Arumugam

Respondent Former Liquidator

Procedural Posture

Company Liquidation Creditors' Voluntary Liquidation / Interlocutory Notice of Motion for Production of Documents and Examination/written Interrogatories

Legal Issues

  1. 1 Whether the respondent (former liquidator and director of Rimbun) possesses or has access to the liquidation and project documents sought by the current liquidator
  2. 2 Whether sections 502 and 503 Companies Act 2016 empower the court to order production of documents pre- and post-winding up
  3. 3 Whether the applicant's motion was unduly delayed

Ratio Decidendi

The court held that under Companies Act 2016 ss 502 and 503 the 2nd Applicant is entitled to the specified documents which the respondent, by virtue of his former role as liquidator and director of Rimbun, likely has or can provide; however, an oral examination would be oppressive and unnecessary, therefore production of documents is ordered and oral examination is replaced by written interrogatories with prescribed timelines and forms; costs ordered to be paid from the company's assets.

Court Disposition

Motion granted in part: production of documents ordered; oral examination refused; written interrogatories ordered; costs to be paid out of the company's assets

Orders

  • Respondent to deliver the documents and information listed at prayers 1(a)–(y) to the 2nd Applicant within 30 days of the order
  • Costs of the application to be paid by the Respondent out of the assets of the 1st Applicant