23 Dec 2020
Nimalam Devaraja and Lam Rui Rong for the Applicants [Messrs Skrine] Mark Ho and Eldarious Yong for the Respondent Company [Messrs Chellam & Wong]
- Citation
- POST WINDING-UP NO. WA-28PW-358-10/2020 COMPANIES WINDING-UP NO. WA-28NCC-459-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- POST WINDING-UP NO. WA-28PW-358-10/2020 COMPANIES WINDING-UP NO. WA-28NCC-459-06/2020 (Mahkamah Tinggi)
Leave was granted under s.471 because the assessment of account of profits involves unliquidated damages and a full hearing that cannot be adequately conducted by the liquidator or resolved in the winding-up process; committal proceedings are not execution against the company's estate and may proceed against directors despite s.472(3); filing a proof of debt for costs did not preclude the Applicants from seeking leave to continue separate AOP proceedings; there was a prima facie case and the balance of convenience and justice favored allowing continuation of the proceedings.