11 Jan 2024
AUGUSTINE A/L T.K. JAMES (LIQUIDATOR FOR BEGAN CONSTRUCTION SDN BHD) LIEW CHONG MIN
- Citation
- W-02(A)-1297-07/2022 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-02(A)-1297-07/2022 (Mahkamah Rayuan)
Service of the winding‑up petition at the company's registered office imparted knowledge to the director (1st Respondent); dispositions made after presentation of the petition are void; many payments were repayments to related parties without supporting documentation and thus did not benefit the general body of creditors nor were they bona fide; therefore the dispositions (net RM1,496,730.38 excluding RM20,000 and RM120,000) are void and the 1st and 2nd Respondents are liable to repay; the 3rd Respondent acted on instructions without knowledge and is not liable under s541.