13 Jun 2022
Gow Jia Jian and Poh Yee Li for the Applicant in suit PW352 and 1st Respondent in suit PW217 & PW218 [Messrs Gow Victor & Co.] Segaran A/L S. Mathavan and Mohd Aiziezuddin Bin Suib for the Liquidator [Messrs S. Mathavan & Nur Hafizah]
- Citation
- 28PW-352-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 28PW-352-08/2021 (Mahkamah Tinggi)
On the evidence and on a balance of probabilities the court found the contested post-petition dispositions were bona fide and undertaken in the ordinary course to pay genuine creditors; there was insufficient evidence of misfeasance, undue preference or prejudice to the creditor body and no validation orders were necessary to justify bona fide payments; W&T were not 'officers' within s541 and thus not liable under that section; accordingly the liquidator's challenges in WA-28PW-217-08/2021 and WA-28PW-218-08/2021 were dismissed and validation/relief sought in WA-28PW-352-12/2021 was granted a…