Malaysia Case Law

9 Aug 2022

Sukhwinder Singh for the Applicant [Messrs Sukhwinder Singh N Mahinder Singh] S. Ravichandaran and Puvarnisha Paskaran for the Respondent [Messrs S. Ravichandran & Anuar]

Citation

NOTICE OF MOTION NO. WA-28PW-243-08/2021 (Mahkamah Tinggi)

Court

High Court

Case number

NOTICE OF MOTION NO. WA-28PW-243-08/2021 (Mahkamah Tinggi)

The court held that under Companies Act 2016 ss 502 and 503 the 2nd Applicant is entitled to the specified documents which the respondent, by virtue of his former role as liquidator and director of Rimbun, likely has or can provide; however, an oral examination would be oppressive and unnecessary, therefore production of documents is ordered and oral examination is replaced by written interrogatories with prescribed timelines and forms; costs ordered to be paid from the company's assets.

• Liquidator duties and powers
• Production of documents
• Written interrogatories vs oral examination
• Companies act 2016 compliance

22 Mar 2021

Mark Ho and Eldarius Yong for the Applicant Liquidators [Messrs Chellam & Wong] PIHAK KETIGA Henry Quah and Dwayne Pinto for the Joint Management Body of Duet Residence [Messrs The Chambers of Lim Yeu Ren]

Citation

POST WINDING-UP NO. WA-28PW-312-09/2020 (Mahkamah Tinggi)

Court

High Court

Case number

POST WINDING-UP NO. WA-28PW-312-09/2020 (Mahkamah Tinggi)

The JMB cannot be authorised to act for purchasers under the SPAs because the SMA confers no power to assume purchasers' contractual rights and the JMB is not party to the SPAs; under s.7A HDA the stakeholder monies vest in the liquidator who must apply them to discharge developer obligations (priority: strata title application first, then common property rectification, then creditors) and the liquidators' estimated administrative expenses of RM1,236,000 (including remuneration on time-cost basis) may be ring-fenced as fair and reasonable given creditor approval under Companies Act s.479.

• Liquidator duties and powers
• Stakeholder (retention) funds under hda
• Jmb statutory powers and locus standi
• Sale and purchase agreement defects liability
• Priority and application of housing development account funds
• Liquidator remuneration (time costs)

ABRIC PROJECT MANAGEMENT SDN BHD V. PALMSHINE PLAZA SDN BHD & ANOR

Citation

ABRIC PROJECT MANAGEMENT SDN BHD V. PALMSHINE PLAZA SDN BHD & ANOR

Court

Malaysian court

Leave to sue the liquidator was required and the applicant failed to establish a prima facie case of misconduct, bad faith or that the liquidator acted in a manner no reasonable liquidator could; the liquidator acted within statutory powers under s.236(2)(c) with HSBC's consent, defects in security were curable and later regularised, the purchaser paid valuable consideration and was bona fide, the applicant delayed unreasonably, and the balance of justice precluded setting aside the sale; accordingly the motion was dismissed with costs.

• Liquidator duties and powers
• Sale of charged property
• Leave to sue court officers
• Companies act 1965 provisions
• Valuation and undervalue sales
• Bona fide purchaser