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] Saw Wei Siang and Michelle Teoh for the Applicant in PW 56 and Respondent in PW 114 [Messrs Nethi & Saw]

Lim failed to prove creditor status (no proof of debt) and therefore lacked locus standi to bring a removal application under s482; leave was required under s471 to commence proceedings after a winding-up order; accordingly the Notice of Motion and supporting affidavit were struck off and PW-56 was dismissed with costs RM15,000.

Citation
POST WINDING-UP APPLICATION NO. WA-28PW-114-04/2021 (Mahkamah Tinggi)
Parties
Liquidator/applicant in PW114: Augustine T.K James; Company (in Liquidation)/applicant in PW114: Dirga Niaga (Selangor) Sdn Bhd (In Liquidation); Applicant in PW56: Lim Ah Chai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
POST WINDING-UP APPLICATION NO. WA-28PW-114-04/2021 (Mahkamah Tinggi)
Procedural Posture
Post Winding Up Applications (pw 114 and PW 56) / Judgment on Competing Motions; PW 114 Granted; PW 56 Dismissed on Strike Off Application
Outcome
Notice of Motion in PW-56 struck off; PW-56 dismissed
Legal Topics
Liquidator Removal, Locus Standi, Leave to Commence Proceedings, Proof of Debt, Costs
Source Language
Malay/English
Companies Law Insolvency Civil Procedure Liquidator Removal Locus Standi Leave to Commence Proceedings Proof of Debt Costs

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Parties

Augustine T.K James

Liquidator/applicant in PW114

Dirga Niaga (Selangor) Sdn Bhd (In Liquidation)

Company (in Liquidation)/applicant in PW114

Lim Ah Chai

Applicant in PW56

Procedural Posture

Post Winding Up Applications (pw 114 and PW 56) / Judgment on Competing Motions; PW 114 Granted; PW 56 Dismissed on Strike Off Application

Legal Issues

  1. 1 Whether leave of court was required to bring the Removal Application after a winding-up order (s471 Companies Act 2016)
  2. 2 Whether Lim Ah Chai had locus standi as a creditor or contributory to bring a removal application under s482 Companies Act 2016
  3. 3 Whether Lim had produced a proof of debt or other evidence of creditor status

Ratio Decidendi

Lim failed to prove creditor status (no proof of debt) and therefore lacked locus standi to bring a removal application under s482; leave was required under s471 to commence proceedings after a winding-up order; accordingly the Notice of Motion and supporting affidavit were struck off and PW-56 was dismissed with costs RM15,000.

Court Disposition

Notice of Motion in PW-56 struck off; PW-56 dismissed

Orders

  • Notice of Motion dated 19.2.2021 in PW-56 struck off
  • Affidavit in support affirmed 19.2.2021 by Lim Ah Chai struck off