Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Locus standi of wound-up company

Legal area

Court

7 Dec 2023

LEOPAD HOLDINGS SDN BHD Asian Shield Warehousing Sdn Bhd

Citation

B-02(NCvC)(W)-305-02/2020 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-305-02/2020 (Mahkamah Rayuan)

Court held Respondent had locus standi; the original DGI sanction dated 21 Oct 2016 was sufficient; the Agreement was effectively at an end such that rent and restitutionary liability arose on termination/commencement of proceedings and rent is payable from 1 November 2016; High Court awards for monthly rent and continuing charges required reassessment, and orders were varied accordingly with reassessment by a sole court-appointed valuer and adjustment of charges to commence from 1 November 2016; Appellant's counterclaim for loss of use was unproved.
10 Mar 2020

1. Lai King Lung 2. Yap Khing Hwa Merais Sdn Bhd

Citation

02(i)-4-01/2019(B) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-4-01/2019(B) (Mahkamah Persekutuan)

The Federal Court held that a liquidator does not have statutory authority to grant retrospective sanction in the absence of express enabling provision; therefore a notice of appeal filed without prior sanction was void ab initio and retrospective sanction granted by the liquidator does not validate the appeal unless the court itself grants nunc pro tunc relief or equivalent.