S Dhanaraj for the Plaintiffs Messrs Hakem Arabi Pamela Ephraim for the 1st Defendant’s Liquidator Messrs Ephraim & Associates PIHAK KETIGA Nurul Hafeeza for Hong See Ching Messrs CW Loh & Associates

S Dhanaraj for the Plaintiffs Messrs Hakem Arabi Pamela Ephraim for the 1st Defendant’s Liquidator Messrs Ephraim & Associates PIHAK KETIGA Nurul Hafeeza for Hong See Ching Messrs CW Loh & Associates

The court held that the court-appointed liquidator steps into the shoes of the developer under the Strata Management Act 2013 and Companies Act 2016 and therefore is entitled to custody of the strata titles, records, accounts and related documents; actions taken by HSH and SHJ beyond surveyor duties and without...

Source-derived case information.

Citation
COMPANIES POST WINDING UP NO. WA-28PW-300-04/2019 (Mahkamah Tinggi)
Parties
Plaintiff: LIM FOO CHOY; Plaintiff: WONG HEE FOO; Plaintiff: LEE LOW BENG; Plaintiff: PHUA TIEN KOON; Plaintiff: TAN TIN HWA; Defendant: SYNN CHEONG DEVELOPMENT SDN BHD (IN LIQUIDATION); Defendant: LIM SIEW TIN (DECEASED)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 July 2020
Case Number
COMPANIES POST WINDING UP NO. WA-28PW-300-04/2019 (Mahkamah Tinggi)
Procedural Posture
Companies Post Winding Up / Application for Directions / Notice of Motion (application for Orders and Directions by Liquidator)
Outcome
Notice of Motion granted in part; court made orders directing handover of documents, accounts, titles and other relief, amendment of certain prayers and costs awarded against HSH.
Legal Topics
Liquidator Powers and Duties, Handover of Strata Titles, Management of Common Property, Proof of Debt (pod), Validity of Surveyor Fees, Statutory Compliance and Offences
Companies Law Strata Management Law Property Law Civil Procedure Liquidator Powers and Duties Handover of Strata Titles Management of Common Property Proof of Debt (pod) +2 more

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Parties

LIM FOO CHOY

Plaintiff

WONG HEE FOO

Plaintiff

LEE LOW BENG

Plaintiff

PHUA TIEN KOON

Plaintiff

TAN TIN HWA

Plaintiff

SYNN CHEONG DEVELOPMENT SDN BHD (IN LIQUIDATION)

Defendant

LIM SIEW TIN (DECEASED)

Defendant

Procedural Posture

Companies Post Winding Up / Application for Directions / Notice of Motion (application for Orders and Directions by Liquidator)

Legal Issues

  1. 1 Whether Hong See Ching (HSH) lawfully retained original strata titles and may impose or withhold transfer on unpaid fees
  2. 2 Whether actions by HSH and Song Huei Jin after death of prior liquidator were authorised under Companies Act 2016
  3. 3 Whether the court-appointed liquidator steps into developer's duties under the Strata Management Act 2013 and is entitled to custody of company property

Ratio Decidendi

The court held that the court-appointed liquidator steps into the shoes of the developer under the Strata Management Act 2013 and Companies Act 2016 and therefore is entitled to custody of the strata titles, records, accounts and related documents; actions taken by HSH and SHJ beyond surveyor duties and without statutory or owner sanction were void ab initio; fees unagreed and inconsistent with regulatory scales are unenforceable; consequently HSH must deliver documents, lodge POD and produce bank statements and pay costs.

Court Disposition

Notice of Motion granted in part; court made orders directing handover of documents, accounts, titles and other relief, amendment of certain prayers and costs awarded against HSH.

Orders

  • HSH to hand over all original strata titles, documents, titles and maintenance records relating to the Land and Tiong Nam Flats to Mr Augustine a/l TK James, court appointed liquidator of D1
  • HSH to convey, deliver and surrender all sale and purchase agreements and related documents and provide full list of owners, strata title numbers, parcel details and register of owners to the Liquidator