4 May 2020
1. JAGDIS SINGH A/L BANTA SINGH 2. MARVELLOUS EXISTENCE SDN BHD RETURN 2 GREEN SDN BHD
- Citation
- W-02(IM)-1101-06/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)-1101-06/2019 (Mahkamah Rayuan)
Prior leave is not required to apply for removal of a court-appointed liquidator under s482(b). The High Court erred in treating creditor unanimity as mandatory. The appellants had sufficient locus as contingent creditors. The liquidator exhibited partiality and lack of due despatch by surrendering the company’s only valuable asset to an unsecured creditor without notifying other creditors and by failing to timely investigate and recover other assets; those established failures constituted cause to remove the liquidator. The appeal is allowed and the High Court order set aside with costs.