Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Leave to commence suit against company in liquidation
  • 29 Aug 2023

    KCJ ENGINEERING SDN BHD ZN SOLUTION BUILDERS SDN BHD

    Citation
    PA-28PW-6-01/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-28PW-6-01/2022 (Mahkamah Tinggi)

    KCJ was permitted to intervene but was refused leave to commence the intended suit because the claim is purely monetary and can be adequately dealt with in the liquidation by lodging a proof of debt; granting leave would risk preferential recovery, prejudice other unsecured creditors and contravene the pari passu principle; costs awarded to respondent.

    • Winding up
    • Intervention
    • Leave to commence suit against company in liquidation
    • Proof of debt
    • Pari passu principle
    • Assignment dispute