25 May 2022
1. ) Lok Yee Hsun 2. ) Yunos Bin Malai Amit 3. ) Michael Kinsuan Bina Puri Sdn Bhd PIHAK KETIGA WONG CHING YONG (AS APPOINTED LIQUIDATOR FOR LIKAS BAY PRECINCT SDN BHD)
- Citation
- S-02(IM)-1353-09/2020 (Mahkamah Rayuan)
- Court
- IM
- Case number
- S-02(IM)-1353-09/2020 (Mahkamah Rayuan)
The Court of Appeal held that contributories may apply to the court under s486(2) without first obtaining the liquidator's sanction; the High Court erred in finding res judicata because prior applications did not decide merits and one suit was withdrawn with liberty to file afresh; special circumstances and fresh evidence justified a temporary stay under s492 CA 2016; appeal allowed, High Court order set aside, leave granted to file fresh suit and winding up and liquidator's actions stayed pending that suit.