5 Jul 2022
Tetuan Sulaiman & Taye 1. ) Wong Poh Kun 2. ) Wong Poh Lum
- Citation
- W-02(NCC)(W)-980-08/2020 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(W)-980-08/2020 (Mahkamah Rayuan)
The Court of Appeal upheld the High Court's factual finding that the directors (Wong Poh Kun and Wong Poh Lum) were knowingly parties to dissipating company funds and carried on the company's business with intent to defraud creditors, satisfying s.304(1) CA 1965/s.540(1) CA 2016; however the High Court erred in ordering payment of the plaintiff's claimed legal fees into the liquidator's pool (thereby treating the plaintiff as a contributory creditor); the proper order is for the delinquent directors to pay the plaintiff directly RM5,907,500 plus interest jointly and severally, and the part of…