Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sanction to sue
  • 4 Mar 2022

    WA-22M-286-07-2020 (Mahkamah Tinggi)

    Citation
    WA-22M-286-07-2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22M-286-07-2020 (Mahkamah Tinggi)

    A liquidator of a wound-up company does not have statutory power to issue a 'sanction' or to delegate his power under Item (a) of the Twelfth Schedule of the Companies Act 2016 to permit another person (including a contributory or creditor) to bring, continue or defend proceedings in the name of the company; only the Court may grant leave/sanction to a creditor or contributory (typically after the liquidator has refused or is unable to act) and the JIM letters purporting to grant such sanction are invalid and inoperable.