DATUK TEE GUAN PIAN, THE LIQUIDATOR OF S.P. GRANITE SDN BHD (IN LIQUIDATION) 1. ) S. P. GRANITE SDN BHD (IN LIQUIDATION) 2. ) DATO' EII CHING SIEW @ YII CHING SIEW

DATUK TEE GUAN PIAN, THE LIQUIDATOR OF S.P. GRANITE SDN BHD (IN LIQUIDATION) 1. ) S. P. GRANITE SDN BHD (IN LIQUIDATION) 2. ) DATO' EII CHING SIEW @ YII CHING SIEW

The court held that the Sanction Order of 21.10.2022 was temporary and its indemnity expressly ceased upon the appointment of a private liquidator; therefore the Sanction Order ceased to have effect on the appointment of Datuk Tee as approved liquidator on 12.10.2023, all relevant assets and proceedings vested in him and Sundarasan's powers to continue the Sanctioned Proceedings terminated.

Citation
NA-28PW-20-04/2024 (Mahkamah Tinggi)
Parties
Appellant / Former Contributory: Stone Master Corporation Berhad (In Liquidation) (Company No: 498639-X); Applicant / Approved Liquidator of S.p. Granite (in Liquidation): Datuk Tee Guan Pian; Respondent / Company in Liquidation: S.P. Granite Sdn Bhd (In Liquidation) (Company No: 198901004556/181862-H)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 December 2024
Case Number
NA-28PW-20-04/2024 (Mahkamah Tinggi)
Procedural Posture
Companies (winding Up) / Post Winding Up Application for Directions Under Section 487(3) Companies Act 2016 / Interlocutory Application for Directions (notis Usul) After Appointment of Private Liquidator; Appeal Filed Against Earlier Decision
Outcome
Notis Usul (application) allowed; questions answered in the negative; applicant Datuk Tee declared to have control of the Sanctioned Proceedings and earlier Sanction Order ceased upon his appointment.
Legal Topics
Liquidator Powers, Vesting of Assets, Sanction Order, Carriage of Proceedings, Court Directions, Indemnity
Source Language
Malay/English
Company Law Insolvency Civil Procedure Liquidator Powers Vesting of Assets Sanction Order Carriage of Proceedings Court Directions +1 more

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Parties

Stone Master Corporation Berhad (In Liquidation) (Company No: 498639-X)

Appellant / Former Contributory

Datuk Tee Guan Pian

Applicant / Approved Liquidator of S.p. Granite (in Liquidation)

S.P. Granite Sdn Bhd (In Liquidation) (Company No: 198901004556/181862-H)

Respondent / Company in Liquidation

Procedural Posture

Companies (winding Up) / Post Winding Up Application for Directions Under Section 487(3) Companies Act 2016 / Interlocutory Application for Directions (notis Usul) After Appointment of Private Liquidator; Appeal Filed Against Earlier Decision

Legal Issues

  1. 1 Whether the Sanction Order dated 21.10.2022 continued in force after the appointment of Datuk Tee as approved private liquidator on 12.10.2023
  2. 2 Whether Sundarasan (former liquidator of SCMB) retained power to commence, continue or defend the Sanctioned Proceedings after the appointment of the private liquidator under s483 and related provisions
  3. 3 Whether the indemnity and leave in the Sanction Order survived the appointment of a private liquidator

Ratio Decidendi

The court held that the Sanction Order of 21.10.2022 was temporary and its indemnity expressly ceased upon the appointment of a private liquidator; therefore the Sanction Order ceased to have effect on the appointment of Datuk Tee as approved liquidator on 12.10.2023, all relevant assets and proceedings vested in him and Sundarasan's powers to continue the Sanctioned Proceedings terminated.

Court Disposition

Notis Usul (application) allowed; questions answered in the negative; applicant Datuk Tee declared to have control of the Sanctioned Proceedings and earlier Sanction Order ceased upon his appointment.

Orders

  • Notis Usul by Datuk Tee Guan Pian allowed and the question posed answered in the negative
  • Stone Master Corporation Berhad to pay costs of RM5,000.00 to Datuk Tee Guan Pian, subject to taxation