Saw Wei Siang and Michelle Teoh for the Applicant in PW 56 and Respondent in PW 114 [Messrs Nethi & Saw] Dhanaraj Sivasampu and S Malar for the Applicant Liquidator in PW 114 and Respondent in PW 54 [Messrs Hakem Arabi & Associates]

Saw Wei Siang and Michelle Teoh for the Applicant in PW 56 and Respondent in PW 114 [Messrs Nethi & Saw] Dhanaraj Sivasampu and S Malar for the Applicant Liquidator in PW 114 and Respondent in PW 54 [Messrs Hakem Arabi & Associates]

Lim failed to prove he was a creditor (no proof of debt exhibited) and therefore lacked locus standi to bring a removal application under s482; he also did not obtain leave under s471. Consequently the Notice of Motion and supporting affidavit were struck off and the removal application dismissed with costs.

Citation
POST WINDING-UP APPLICATION NO. WA-28PW-56-02/2021 (Mahkamah Tinggi)
Parties
Applicant (pw 114); Company in Liquidation: Dirga Niaga (Selangor) Sdn Bhd (In Liquidation); Liquidator; Applicant (pw 114): Augustine T.K James; Applicant (pw 56): Lim Ah Chai; Proposed Joint Liquidators (named in PW 56): Mok Chew Yin and Ong Hock An
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 October 2021
Case Number
POST WINDING-UP APPLICATION NO. WA-28PW-56-02/2021 (Mahkamah Tinggi)
Procedural Posture
Post Winding Up Applications / Decision on Motions (strike Off and Dismissal)
Outcome
Order in terms granted for PW-114; Notice of Motion and affidavit struck off; PW-56 dismissed
Legal Topics
Winding Up, Removal of Liquidator, Leave to Commence Proceedings, Locus Standi, Striking Off, Costs
Source Language
Malay/English
Company Law Insolvency Law Civil Procedure Winding Up Removal of Liquidator Leave to Commence Proceedings Locus Standi Striking Off +1 more

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Parties

Dirga Niaga (Selangor) Sdn Bhd (In Liquidation)

Applicant (pw 114); Company in Liquidation

Augustine T.K James

Liquidator; Applicant (pw 114)

Lim Ah Chai

Applicant (pw 56)

Mok Chew Yin and Ong Hock An

Proposed Joint Liquidators (named in PW 56)

Procedural Posture

Post Winding Up Applications / Decision on Motions (strike Off and Dismissal)

Legal Issues

  1. 1 Whether leave under section 471 was required before instituting proceedings against a company in liquidation
  2. 2 Whether Lim Ah Chai was a creditor or contributory with locus standi to bring a removal application under section 482
  3. 3 Whether the Removal Application was frivolous, vexatious or a non-starter and should be struck off

Ratio Decidendi

Lim failed to prove he was a creditor (no proof of debt exhibited) and therefore lacked locus standi to bring a removal application under s482; he also did not obtain leave under s471. Consequently the Notice of Motion and supporting affidavit were struck off and the removal application dismissed with costs.

Court Disposition

Order in terms granted for PW-114; Notice of Motion and affidavit struck off; PW-56 dismissed

Orders

  • Notice of Motion dated 19.2.2021 in Post Companies (Winding Up) No. WA-28PW-56-02/2021 and the Affidavit in Support affirmed by Lim Ah Chai on 19.2.2021 struck off
  • Post Companies (Winding Up) No. WA-28PW-56-02/2021 dismissed with costs RM15,000