23 Feb 2022
ASIA PLANTATION CAPITAL PTE LTD 1. ) DAVID A/L SAVARIMUTHU 2. ) PUSPARANI A/P APPADURAI 3. ) RICKY THONG YEW FOOK
- Citation
- BA-24NCC-4-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCC-4-01/2022 (Mahkamah Tinggi)
Once a company has been wound up the capacity to institute or defend legal proceedings vests in the liquidator; the plaintiff company, having not obtained the liquidator's sanction, lacked locus standi to bring the originating summons and the action is an abuse of process; the preliminary objections were therefore upheld and the originating summons dismissed with costs; further, the originating summons ought to have been brought before the winding up court and the court's inherent jurisdiction cannot be used to override the statutory regime under the Companies Act 2016.