Malaysia Case Law: Decisions & Judgments

Topic

Liquidator's discretion

Legal area

Court

29 Apr 2025

Shencourt Sdn Bhd Shencourt Properties Sdn Bhd PEMPETISYEN 1. ) Hew Kiang Hoe 2. ) MAY DE SELVA A/P JOHN DE SILVA

Citation

WA-28PW-311-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-311-06/2022 (Mahkamah Tinggi)

The appeal was dismissed because the liquidator validly rejected the proof of debt as a repeat of an identical proof of debt previously rejected by earlier liquidators; that prior rejection was never appealed or set aside by court, and absent absurdity or illegality in the liquidator's decision the Court will not interfere.
29 Mar 2022

SABAH DEVELOPMENT BANK BERHAD TYL LAND & DEVELOPMENT SDN BHD PEMPETISYEN MCC OVERSEAS (M) SDN BHD

Citation

WA-28PW-255-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-255-09/2021 (Mahkamah Tinggi)

The applicant had elected to value the charged property and participate in the liquidation for the unsecured shortfall (s524(1)(b)) as evidenced by contemporaneous documents, communications with the Official Receiver, voting at the creditors' meeting and other conduct; there was no mistake justifying expungement under Rule 95 or the court's inherent jurisdiction; the motion is dismissed and the applicant must bear costs.
28 Feb 2020

LIM JIT KIM @ LIM TIAN JEE TAN YIAN PING GOH SIEW KOON @ ENG SING KUAN TEY LIONG SENG

Citation

WA-28PW-499-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-499-11/2018 (Mahkamah Tinggi)

Enc.380 (liquidator's cash distribution proposal) is dismissed because it fails to resolve cross‑shareholdings, perpetuates circular distributions and escalating costs, and the withdrawn NCD meant the cash proposal was inadequately particularized; Enc.1 (distribution in specie of Sing Lian shares held by Sin Hai) is allowed because res judicata did not apply to the later complete proposal, a distribution in specie in a solvent winding up is permissible and does not constitute prohibited financial assistance under s67(1) nor necessarily contravene s223/233 provided appropriate court sanction i…

Malaysia Case Law

Shencourt Sdn Bhd Shencourt Properties Sdn Bhd PEMPETISYEN 1. ) Hew Kiang Hoe 2. ) MAY DE SELVA A/P JOHN DE SILVA

SABAH DEVELOPMENT BANK BERHAD TYL LAND & DEVELOPMENT SDN BHD PEMPETISYEN MCC OVERSEAS (M) SDN BHD

LIM JIT KIM @ LIM TIAN JEE TAN YIAN PING GOH SIEW KOON @ ENG SING KUAN TEY LIONG SENG