Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Requirement for leave to sue court officers
  • 24 Jun 2022

    Tan Eng Keat and Yap Bing Yew for the Applicant [Messrs Gan, Lee & Tan] Harvinderjit Singh a/l Manjit Singh and Alicia Goh Ai Chen for the Liquidator / Respondent [Messrs Varun & Goh]

    Citation
    WA-28PW-458-12/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-28PW-458-12/2020 (Mahkamah Tinggi)

    The summons to remove the liquidator is dismissed because the applicant failed to show cause for removal and did not obtain required leave; the liquidator acted reasonably and in the creditors' interest (majority creditor approval, proper tender/valuation process, expedition of asset realisation and payment of interim dividend); alleged breaches were unsupported or technical and not sufficient to justify removal; certain late/new issues were expunged to prevent ambush and ensure finality.

    • Removal of liquidator
    • Breach of statutory duty
    • Disclosure and inspection of documents
    • Asset sale and valuation
    • Requirement for leave to sue court officers
    • Preliminary report under companies act