KHOO CHOOI THUAN 1. ) Loh Kon Fah [Notis Pemberhentian Di Kandungan 14] 2. ) LOH SIEW CHOONG 3. ) Loh Ngee Pin 4. ) Loh Siew Ngoh 5. ) Loh Liong Fah 6. ) Law Kam Sau 7. ) Ngan Peing Kai 8. ) Gunasegaran A/l Suppiah 9. ) Viswanathan A/l M V

KHOO CHOOI THUAN 1. ) Loh Kon Fah [Notis Pemberhentian Di Kandungan 14] 2. ) LOH SIEW CHOONG 3. ) Loh Ngee Pin 4. ) Loh Siew Ngoh 5. ) Loh Liong Fah 6. ) Law Kam Sau 7. ) Ngan Peing Kai 8. ) Gunasegaran A/l Suppiah 9. ) Viswanathan A/l M V

The Court held that Respondents failed to show sufficient cause to remove the Applicant; allegations of conflict and unfitness were unproven, the Debt Settlement Agreement was valid and enforceable, Respondents' conduct constituted malicious obstruction, and therefore the Applicant must be permitted to continue as Liquidator until completion; costs RM8,000 awarded to Applicant.

Citation
AA-24NCC-19-09/2023 (Mahkamah Tinggi)
Parties
Applicant (liquidator, Lohman Holdings Sdn Bhd): Khoo Chooi Thuan; Respondent 1 (contributory): Loh Kon Fah; Respondent 2 (contributory): Loh Siew Choong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 March 2024
Case Number
AA-24NCC-19-09/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Judgment on Application Under S.445(3) Companies Act 2016
Outcome
Applicant's application allowed; Applicant to continue as Liquidator until completion of winding up; costs awarded to Applicant.
Legal Topics
Removal of Liquidator, Winding Up (members' Voluntary), Section 445 Companies Act 2016, Conflict of Interest, Debt Settlement Agreement Enforcement, Costs
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Contract Law Removal of Liquidator Winding Up (members' Voluntary) Section 445 Companies Act 2016 Conflict of Interest +2 more

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Parties

Khoo Chooi Thuan

Applicant (liquidator, Lohman Holdings Sdn Bhd)

Loh Kon Fah

Respondent 1 (contributory)

Loh Siew Choong

Respondent 2 (contributory)

Procedural Posture

Originating Summons / Judgment on Application Under S.445(3) Companies Act 2016

Legal Issues

  1. 1 Whether the Applicant should continue as Liquidator until completion of winding up
  2. 2 Whether Respondents have shown cause to remove the Applicant for conflict of interest or unfitness (dishonesty)
  3. 3 Whether the Debt Settlement Agreement dated 23.03.2023 is legal and enforceable

Ratio Decidendi

The Court held that Respondents failed to show sufficient cause to remove the Applicant; allegations of conflict and unfitness were unproven, the Debt Settlement Agreement was valid and enforceable, Respondents' conduct constituted malicious obstruction, and therefore the Applicant must be permitted to continue as Liquidator until completion; costs RM8,000 awarded to Applicant.

Court Disposition

Applicant's application allowed; Applicant to continue as Liquidator until completion of winding up; costs awarded to Applicant.

Orders

  • Applicant's application in Enclosure 1 and 3 is allowed
  • Applicant to continue as Liquidator of Lohman Holdings Sdn Bhd until completion of the company's winding-up