18 Sept 2024
TAN AIK LING CT WORLD CONSTRUCTION SDN. BHD.
- Citation
- WA-28PW-408-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28PW-408-07/2024 (Mahkamah Tinggi)
The court held that s471(1) applies only to proceedings against a wound-up company and cannot regularise proceedings taken by the company itself (the Notice of Appeal); s486(2) may be invoked where the liquidator takes a sufficiently negative stand (refuses or will not proceed) and the court may grant sanction to a third party to conduct proceedings in the name of the company; accordingly the court granted Tan retrospective leave under s486(2) to regularise the Notice of Appeal, and separately granted leave nunc pro tunc under s471(1) to validate the Sessions Court judgment in favour of Seow…