Tan Eng Keat and Yap Bing Yew for the Applicant [Messrs Gan, Lee & Tan] Harvinderjit Singh a/l Manjit Singh and Alicia Goh Ai Chen for the Liquidator / Respondent [Messrs Varun & Goh]

Tan Eng Keat and Yap Bing Yew for the Applicant [Messrs Gan, Lee & Tan] Harvinderjit Singh a/l Manjit Singh and Alicia Goh Ai Chen for the Liquidator / Respondent [Messrs Varun & Goh]

Summons dismissed because applicant failed to show cause for removal: leave to commence action was not obtained, the liquidator acted reasonably and in creditors' interest as evidenced by creditor approval and expedient asset realization, alleged outsourcing was administrative assistance not wholesale delegation, technical breaches (including delay on s485 report) were not sufficient to justify removal, and removal would not benefit creditors.

Citation
WA-28PW-458-12/2020 (Mahkamah Tinggi)
Parties
Applicant (creditor): Wong Weng Foo & Co.; Respondent (company in Liquidation): Kinos Food Industries (M) Sdn Bhd (In Liquidation)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 June 2022
Case Number
WA-28PW-458-12/2020 (Mahkamah Tinggi)
Procedural Posture
Companies Winding Up / Application to Remove Liquidator / Summons Hearing; Grounds of Judgment Delivered
Outcome
Summons dismissed
Legal Topics
Removal of Liquidator, Duties and Discretions of Liquidator, Disclosure to Creditors, Sale and Realization of Company Assets, Outsourcing of Liquidation Functions, Preliminary Report Under S485
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Removal of Liquidator Duties and Discretions of Liquidator Disclosure to Creditors Sale and Realization of Company Assets Outsourcing of Liquidation Functions +1 more

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Parties

Wong Weng Foo & Co.

Applicant (creditor)

Kinos Food Industries (M) Sdn Bhd (In Liquidation)

Respondent (company in Liquidation)

Procedural Posture

Companies Winding Up / Application to Remove Liquidator / Summons Hearing; Grounds of Judgment Delivered

Legal Issues

  1. 1 Whether leave was required and obtained to commence proceedings against the liquidator
  2. 2 Whether cause was shown to remove the liquidator
  3. 3 Whether the liquidator breached statutory duties or acted in conflict of interest

Ratio Decidendi

Summons dismissed because applicant failed to show cause for removal: leave to commence action was not obtained, the liquidator acted reasonably and in creditors' interest as evidenced by creditor approval and expedient asset realization, alleged outsourcing was administrative assistance not wholesale delegation, technical breaches (including delay on s485 report) were not sufficient to justify removal, and removal would not benefit creditors.

Court Disposition

Summons dismissed

Orders

  • Summons in Enclosure 1 dismissed
  • Costs awarded to the Respondent (liquidator)