29 Aug 2023
1. ) TAN KIM CHOY 2. ) TAN KIM FONG KUMPULAN BUMIKLAS SDN. BHD. (DALAM LIKUIDASI))
- Citation
- WA-28PW-562-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28PW-562-11/2022 (Mahkamah Tinggi)
The application for leave was dismissed because the Scheme of Arrangement and Supplemental SPA operated to assign the SPA and delivery obligations to ICEM and contained clauses excluding claims against the liquidators; the applicants failed to allege or prove misfeasance or personal misconduct by the liquidators and therefore failed to establish a prima facie case to sue the liquidators personally; the intended claim against the Respondent was misconceived and leave was refused.