6 Aug 2021
Matthew Thomas Philip, Alliff Benjamin Suhaimi and Phoebe Loi Yean Wei for the Plaintiff [Messrs Thomas Philip] Ahmad Shahrizal for the Defendant [Messrs Ranjit Ooi & Robert Low]
- Citation
- SAMAN PEMULA NO. WA-28PW-23-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- SAMAN PEMULA NO. WA-28PW-23-01/2021 (Mahkamah Tinggi)
The appointment of Lim was invalid because the meeting procedure was misapplied: Lim was not properly nominated by creditors and the defendants' reliance on a seconder/majority-in-number requirement (Rule 119) cannot override the statutory requirement to regard the majority in value under section 521(2) and section 450; consequently the court will exercise its powers to set aside the appointment and appoint the Plaintiff's nominee; the Plaintiff's delay in filing was reasonably explained and time is extended under section 450 read with section 582.