Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Priority of claims

Legal area

Court

30 Oct 2023

WONG WENG FOO & CO. Lim San Peen (Dalam Kapasiti Sebagai Pelikuidasi London Biscuits Berhad)(dalam Penyelesaian))

Citation

W-02(A)-1991-10/2022 (Mahkamah Rayuan)
Court

A
Case number

W-02(A)-1991-10/2022 (Mahkamah Rayuan)

Termination benefits and indemnity in lieu of notice do not constitute wages or salary under section 527 Companies Act 2016 and therefore may not be paid in priority to the body of unsecured creditors; the liquidator's payment of such sums amounted to an unlawful preference warranting leave to sue and setting aside his discharge.
26 Apr 2021

PEMILIK KAPAL ATAU VESSEL "PDZ MEAH" (NO. IMO 9064009) DARI PELABUHAN KLANG (PDZ HOLDINGS BERHAD) DAN BUNKERING (SINGAPORE) PTE LTD

Citation

WA-27NCC-8-01/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-8-01/2017 (Mahkamah Tinggi)

Because the plaintiff issued the writ in rem and obtained a statutory lien before the defendant company was wound up, the plaintiff ranked as a secured creditor entitled to realise the vessel and have the sale proceeds applied to its claim; the consent order was validly entered with representation and did not extinguish the plaintiff's lien; accordingly plaintiff's O.70 r.21 application for determination of priorities and payment out succeeded and defendants' applications to set aside the consent order or for return of proceeds were dismissed.