4 Jul 2022
KL LANDMARK DEVELOPMENT SDN BHD (DALAM PENGGULUNGAN) JALEX SDN BHD
- Citation
- WA-24C-79-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-79-03/2022 (Mahkamah Tinggi)
The Setting Aside Application was dismissed because the alleged sanction relied upon was invalid: the Official Receiver/liquidator did not have power to issue the sanction in the manner used to permit a contributory or third party to commence proceedings in the company’s name (only the court may grant such sanction); the sanction facially referred to the SCIT and thus did not cover these High Court proceedings; additionally the Plaintiff had inordinate delay and its conduct amounted to an abuse of process; those defects were sufficient to dismiss the application in limine.