13 Jun 2022
Gow Jia Jian and Poh Yee Li for the Applicant in suit PW352 and 1st Respondent in suit PW217 & PW218 [Messrs Gow Victor & Co.] Segaran A/L S. Mathavan and Mohd Aiziezuddin Bin Suib for the Liquidator [Messrs S. Mathavan & Nur Hafizah]
- Citation
- 28PW-352-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 28PW-352-08/2021 (Mahkamah Tinggi)
On the facts the court found no credible evidence that the payors or the solicitors knew of the petition or acted other than in good faith to discharge bona fide company liabilities; the transactions were validated as being for the benefit of the company's general body of creditors; Messrs Wong & Ting are not 'officers' under s.2 and thus not liable under s.541; accordingly the liquidator's recovery applications in PW217 and PW218 were dismissed, PW352 was allowed in part and a narrow ancillary order was made to recover RM125,000 from the Registrar of Unclaimed Monies through W&T.