PENCELAH 1. ) Jayanthi Seventhy for the Intervener in the 453 Application [Messrs The Law Office of Jayanthi] 2. ) Stanislaus Cross for the Intervener in the 453 Application [Messrs Cross & Associates] LAIN-LAIN Bryan Ho, Wilson Ho, Gary Hw

PENCELAH 1. ) Jayanthi Seventhy for the Intervener in the 453 Application [Messrs The Law Office of Jayanthi] 2. ) Stanislaus Cross for the Intervener in the 453 Application [Messrs Cross & Associates] LAIN-LAIN Bryan Ho, Wilson Ho, Gary Hw

Interveners lacked the requisite legal interest to be joined; the members' voluntary winding up was valid from the special resolution on 18.12.2019 and the liquidators' appointment effective from that date; prior ex parte orders were stayed and/or lapsed and did not invalidate the winding up or the liquidators' statutory powers to take custody of company property; PW 333 and PW 334 were properly instituted by the liquidators and were not plainly unsustainable, therefore intervention and strike-out applications failed.

Citation
COMPANIES WINDING UP NO. WA-28PW-453-12/2020 (Mahkamah Tinggi)
Parties
Petitioner: Zed Enterprise (M) Sdn Bhd; Intervener: Ungku Amir bin Ungku Suliman; Intervener: Mazlan bin Ahmad Palal; Intervener: Messrs Hayati Rashid & Partners; Liquidators: Dato Adam Primus Varghese Bin Abdullah; Macpherson Simon; Iswari Manokharan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 April 2021
Case Number
COMPANIES WINDING UP NO. WA-28PW-453-12/2020 (Mahkamah Tinggi)
Procedural Posture
Companies Winding Up / Hearing of Interlocutory Applications for Intervention and Preliminary Objections (enclosures 453 & 456)
Outcome
Enclosure 453 and Enclosure 456 dismissed
Legal Topics
Members' Voluntary Winding Up, Intervention, Locus Standi, Striking Out, Appointment and Powers of Liquidators, Vesting of Company Property, Declaration of Solvency, Effect of Prior Interlocutory Orders
Source Language
Malay/English
Company Law Civil Procedure Injunctions Equity Members' Voluntary Winding Up Intervention Locus Standi Striking Out +4 more

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Parties

Zed Enterprise (M) Sdn Bhd

Petitioner

Ungku Amir bin Ungku Suliman

Intervener

Mazlan bin Ahmad Palal

Intervener

Messrs Hayati Rashid & Partners

Intervener

Dato Adam Primus Varghese Bin Abdullah; Macpherson Simon; Iswari Manokharan

Liquidators

Procedural Posture

Companies Winding Up / Hearing of Interlocutory Applications for Intervention and Preliminary Objections (enclosures 453 & 456)

Legal Issues

  1. 1 Whether interveners have sufficient legal interest to intervene
  2. 2 Whether the members' voluntary winding up and appointment of liquidators were valid and effective
  3. 3 Whether prior court orders (14.1.2020 and 4.2.2020) invalidate the winding up or the liquidators' actions

Ratio Decidendi

Interveners lacked the requisite legal interest to be joined; the members' voluntary winding up was valid from the special resolution on 18.12.2019 and the liquidators' appointment effective from that date; prior ex parte orders were stayed and/or lapsed and did not invalidate the winding up or the liquidators' statutory powers to take custody of company property; PW 333 and PW 334 were properly instituted by the liquidators and were not plainly unsustainable, therefore intervention and strike-out applications failed.

Court Disposition

Enclosure 453 and Enclosure 456 dismissed

Orders

  • Enclosure 453 dismissed
  • Enclosure 456 dismissed