25 May 2022
1. ) Michael Kinsuan 2. ) Lok Yee Hsun 3. ) Yunos Bin Amit Likas Bay Precinct Sdn Bhd
- Citation
- S-02(IM)-1558-08/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- S-02(IM)-1558-08/2021 (Mahkamah Rayuan)
The Court of Appeal held that contributories need not obtain prior sanction from the liquidator before applying to the court under the Companies Act; the High Court's finding that the application was barred by res judicata was erroneous because the proposed fresh suit relied on new facts and claims not adjudicated in the CIPAA award; special circumstances existed to warrant a temporary stay of the winding‑up order and stay of the liquidator's actions; accordingly the appeal was allowed, the High Court order set aside, leave granted to file the fresh suit and a stay ordered.