3 May 2021
PENDAKWARAYA Umi Khairunissa Mohd Soffian Lee and Siti Maisarah binti Ab Rahim, Federal Counsels for the Lembaga Hasil Dalam Negeri Malaysia Pamela Ephraim for the Liquidator Applicant [Messrs Ephraim & Associates]
- Citation
- POST WINDING UP APPLICATION NO. WA-28PW-455-12/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- POST WINDING UP APPLICATION NO. WA-28PW-455-12/2020 (Mahkamah Tinggi)
The Court held that where property of a company in liquidation is disposed of, proceeds retained under s21B RPGT vest in the liquidator and must be applied according to the priority scheme in Companies Act 2016 s527(1); accordingly the RPGT claim ranks sixth as a preferential debt and is payable only subject to availability of funds after higher ranked preferential claims; the DGIR is not entitled to the claimed increased sums for late payment and need not lodge a proof of debt for the RPGT assessed after the winding up order.