Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Leave to sue a company in liquidation

  • 29 Aug 2023

    1. ) TAN KIM CHOY 2. ) TAN KIM FONG KUMPULAN BUMIKLAS SDN. BHD. (DALAM LIKUIDASI))

    Citation
    WA-28PW-562-11/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-28PW-562-11/2022 (Mahkamah Tinggi)

    The application for leave was dismissed because the Scheme of Arrangement and Supplemental SPA operated to assign the SPA and delivery obligations to ICEM and contained clauses excluding claims against the liquidators; the applicants failed to allege or prove misfeasance or personal misconduct by the liquidators and therefore failed to establish a prima facie case to sue the liquidators personally; the intended claim against the Respondent was misconceived and leave was refused.

    • Leave to sue a company in liquidation
    • Liquidator personal liability
    • Scheme of arrangement
    • Assignment of spa
    • Limitation

  • 7 Jul 2022

    Siti Zubaidah binti Jemadi for the Applicant [Messrs Gary Wong & Co.] Samir Zainal for the Respondent [Messrs Radzlan, Low & Partners]

    Citation
    SAMAN PEMULA NO.: WA-28PW-297-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    SAMAN PEMULA NO.: WA-28PW-297-10/2021 (Mahkamah Tinggi)

    The motion was dismissed because the applicant failed to prove payment or establish a prima facie case against the company and the matter can be adequately dealt with in the winding up proceedings given the applicant has filed a proof of debt; accordingly leave under section 471 was refused.

    • Leave to sue a company in liquidation
    • Prima facie requirement for leave under s471
    • Proof of payment in sale and purchase agreement disputes
    • Private caveat and land transfer