1. ) Khaw Eng Khoon for the Liquidators of the 1st Respondent [Messrs Chih-Jen & Associates] 2. ) Gary Yap for the 2nd Respondent [Messrs Koh Dipendra Jeremiah Law] LAIN-LAIN 1. ) Voon Su Huei for the Petitioner [Messrs Thomas Philip] 2. )

1. ) Khaw Eng Khoon for the Liquidators of the 1st Respondent [Messrs Chih-Jen & Associates] 2. ) Gary Yap for the 2nd Respondent [Messrs Koh Dipendra Jeremiah Law] LAIN-LAIN 1. ) Voon Su Huei for the Petitioner [Messrs Thomas Philip] 2. )

The court found the 'reasonable requirement' threshold satisfied for enquiry into the Generon, Halliburton and Email issues but concluded that oral examination would be unnecessarily oppressive and carry self‑incrimination and practical risks; accordingly the application was allowed in part and the individuals are to be examined only by written interrogatories prepared within two weeks with two weeks to respond, service via solicitors permitted and ancillary relief preserved.

Citation
POST WINDING UP NO. WA-28PW-306-08/2020 (Mahkamah Tinggi)
Parties
Petitioner: Eliad Pty Ltd; 1st Respondent: D&P Process Technologies Sdn Bhd; 2nd Respondent: Ky Anthony Doucet
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 March 2021
Case Number
POST WINDING UP NO. WA-28PW-306-08/2020 (Mahkamah Tinggi)
Procedural Posture
Post‑winding Up Proceeding (companies Act) / Summons in Chambers — Application for Examination Under Section 502 (interlocutory)
Outcome
Application allowed in part; individuals to be examined by written interrogatories only
Legal Topics
Public Examination Under S502, Written Interrogatories Vs Oral Examination, Fiduciary Duty, Disclosure and Privilege, Self‑incrimination, Delay and Laches, Abuse of Process
Source Language
Malay/English
Company Law Insolvency and Liquidation Civil Procedure Public Examination Under S502 Written Interrogatories Vs Oral Examination Fiduciary Duty Disclosure and Privilege Self‑incrimination +2 more

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Parties

Eliad Pty Ltd

Petitioner

D&P Process Technologies Sdn Bhd

1st Respondent

Ky Anthony Doucet

2nd Respondent

Procedural Posture

Post‑winding Up Proceeding (companies Act) / Summons in Chambers — Application for Examination Under Section 502 (interlocutory)

Legal Issues

  1. 1 Whether the court should order examination of former employees and officers under section 502 of the Companies Act 2016
  2. 2 Whether the examination should be oral or by written interrogatories
  3. 3 Whether the 'reasonable requirement' threshold for examination is met

Ratio Decidendi

The court found the 'reasonable requirement' threshold satisfied for enquiry into the Generon, Halliburton and Email issues but concluded that oral examination would be unnecessarily oppressive and carry self‑incrimination and practical risks; accordingly the application was allowed in part and the individuals are to be examined only by written interrogatories prepared within two weeks with two weeks to respond, service via solicitors permitted and ancillary relief preserved.

Court Disposition

Application allowed in part; individuals to be examined by written interrogatories only

Orders

  • Satiskumar a/l Mahalingam, Ting Pang Cheo, Chin @ Basil Chen Choy Leong and Chua Kok Eng to be examined by written interrogatories by counsel for the parties
  • The individuals to be examined with reference to any relevant documents, records and queries pertaining to the Statement of Issues filed herein