PEMPETISYEN ANG JIMMY TJUN MIN 1. ) TJIANG GIOK MOY 2. ) ANG EILEEN 3. ) SRI SKUDAI SDN. BHD.

PEMPETISYEN ANG JIMMY TJUN MIN 1. ) TJIANG GIOK MOY 2. ) ANG EILEEN 3. ) SRI SKUDAI SDN. BHD.

The interim liquidator order was set aside because the petitioner failed to make full and frank disclosure material to the ex parte application and did not establish the prima facie threshold of urgency, risk of asset dissipation or other exceptional circumstances; the balance of convenience favored the respondents and the appointment caused disproportionate prejudice.

Citation
JA-28NCC-200-12/2024 (Mahkamah Tinggi)
Parties
Petitioner: Ang Jimmy Tjun Min; Respondent: Tjiang Giok Moy; Respondent: Ang Eileen; Respondent: Sri Skudai Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 October 2025
Case Number
JA-28NCC-200-12/2024 (Mahkamah Tinggi)
Procedural Posture
Companies (winding Up) / Interlocutory Application to Stay/set Aside Appointment of Interim Liquidator Pending Winding Up Petition
Outcome
Respondents' application allowed; interim liquidator order set aside; costs and damages ordered
Legal Topics
Interim Liquidator Appointment, Full and Frank Disclosure, Winding Up Petition, Stay and Setting Aside Orders, Unclean Hands, Balance of Convenience
Source Language
Malay/English
Company Law Civil Procedure Injunctions and Interim Relief Interim Liquidator Appointment Full and Frank Disclosure Winding Up Petition Stay and Setting Aside Orders Unclean Hands +1 more

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Parties

Ang Jimmy Tjun Min

Petitioner

Tjiang Giok Moy

Respondent

Ang Eileen

Respondent

Sri Skudai Sdn. Bhd.

Respondent

Procedural Posture

Companies (winding Up) / Interlocutory Application to Stay/set Aside Appointment of Interim Liquidator Pending Winding Up Petition

Legal Issues

  1. 1 Whether the petitioner made full and frank disclosure in the ex parte application
  2. 2 Whether the statutory threshold for appointment of an interim (provisional) liquidator under subsection 476(2) Companies Act 2016 and Rule 35 Companies (Winding-Up) Rules 1972 was met
  3. 3 Whether there was urgency or risk of asset dissipation justifying ex parte appointment

Ratio Decidendi

The interim liquidator order was set aside because the petitioner failed to make full and frank disclosure material to the ex parte application and did not establish the prima facie threshold of urgency, risk of asset dissipation or other exceptional circumstances; the balance of convenience favored the respondents and the appointment caused disproportionate prejudice.

Court Disposition

Respondents' application allowed; interim liquidator order set aside; costs and damages ordered

Orders

  • The terms and execution of the Court Order dated 13.03.2025 appointing Chong Chuan Long as interim liquidator be set aside forthwith
  • Costs in the sum of RM5,000.00 to be paid by the Petitioner to the First and Second Respondents