21 Mar 2022
TWIN FABER SDN BHD NG CHENG KENG
- Citation
- W-02(A)-1346-07/2021 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-02(A)-1346-07/2021 (Mahkamah Rayuan)
The Court of Appeal held that where a person has actively conducted or controlled the defence of the company (the directing mind) and was given prior warning that personal costs would be sought, the winding up court has jurisdiction to order costs against that non-party under the court's costs discretion and pursuant to section 468(2); the High Court erred in holding the costs order void under s462/468 and in setting it aside; appeal allowed and costs order restored, with RM10,000 awarded to appellant.