8 May 2023
1. ) Mr. Hamed Ahmed Al Ghazali 2. ) Mr. Abdul Latif Al Khunaini 3. ) Mr. Faisal Al Hajri 4. ) Mr. Husam Abu Ghazaleh 5. ) Mr. Ahmad Al Osaimi 6. ) Mr. Fuad Al Wohaib 1. ) Abrar Group International Sdn Bhd 2. ) Mr. Lim San Peen
- Citation
- WA-28PW-115-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28PW-115-04/2021 (Mahkamah Tinggi)
The liquidator's rejection of the proofs of debt was upheld because the investment agreements were between the plaintiffs and AGAM (no privity with the defendant), any cause of action under the corporate guarantee lay with AGAM not the plaintiffs, claims alleging fraud are not provable in the winding-up, plaintiffs who filed proofs of debt are creditors and cannot assert trust remedies without statutory leave, and the court lacks power to order immediate restitution that would frustrate pari passu distribution; accordingly the appeal is dismissed.