Yuvaraj Sugapathy for the Applicant’s [Messrs Sugapathy & Partners] LAIN-LAIN 1. ) Datuk Wong Rhen Yen and Emily Wong Li Yan for the Liquidator, Wong Weng Foo [Messrs Dennis Nik & Wong] 2. ) Himahlini Ramalingam for the Liquidator, Chan Sew

Yuvaraj Sugapathy for the Applicant’s [Messrs Sugapathy & Partners] LAIN-LAIN 1. ) Datuk Wong Rhen Yen and Emily Wong Li Yan for the Liquidator, Wong Weng Foo [Messrs Dennis Nik & Wong] 2. ) Himahlini Ramalingam for the Liquidator, Chan Sew

Cause was shown to remove WWF because the majority of creditors had expressed a clear preference for another liquidator, WWF acted unilaterally and without concurrence of the co-liquidator thereby demonstrating inability to work jointly and disregard for creditors' wishes, which together justified removal in the interests of the liquidation.

Citation
POST (WINDING-UP) APPLICATION NO. WA-28PW-212-07/2021 (Mahkamah Tinggi)
Parties
Applicant (creditor): Residensi Laguna Joint Management Body; Company (in Liquidation): Tenaga Gagah Sdn Bhd (In Liquidation); Liquidator (respondent): Wong Weng Foo; Liquidator (joint): Chan Siew Mei; Creditor (intervening Creditor): Kuh Cho Sen
Court
WINDING-UP
Jurisdiction
Malaysia
Judgment Date
19 November 2021
Case Number
POST (WINDING-UP) APPLICATION NO. WA-28PW-212-07/2021 (Mahkamah Tinggi)
Procedural Posture
Post Winding Up Application / Judgment
Outcome
Motion allowed; WWF removed and released as liquidator; costs awarded
Legal Topics
Removal of Liquidator, Creditors' Wishes and Meetings, Joint Liquidators, Res Judicata, Cause Shown
Source Language
Malay/English
Company Law Insolvency Corporate Liquidation Removal of Liquidator Creditors' Wishes and Meetings Joint Liquidators Res Judicata Cause Shown

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Parties

Residensi Laguna Joint Management Body

Applicant (creditor)

Tenaga Gagah Sdn Bhd (In Liquidation)

Company (in Liquidation)

Wong Weng Foo

Liquidator (respondent)

Chan Siew Mei

Liquidator (joint)

Kuh Cho Sen

Creditor (intervening Creditor)

Procedural Posture

Post Winding Up Application / Judgment

Legal Issues

  1. 1 Whether the liquidator Wong Weng Foo should be removed on cause shown
  2. 2 Whether res judicata bars the Motion
  3. 3 Weight to be accorded to creditors' votes at creditors' meeting

Ratio Decidendi

Cause was shown to remove WWF because the majority of creditors had expressed a clear preference for another liquidator, WWF acted unilaterally and without concurrence of the co-liquidator thereby demonstrating inability to work jointly and disregard for creditors' wishes, which together justified removal in the interests of the liquidation.

Court Disposition

Motion allowed; WWF removed and released as liquidator; costs awarded

Orders

  • Wong Weng Foo is removed as a liquidator of Tenaga Gagah Sdn Bhd
  • Wong Weng Foo is to be released as liquidator of Tenaga Gagah Sdn Bhd