Malaysia Case Law: Decisions & Judgments

Topic

Proof of debt procedures

Legal area

Court

3 Oct 2022

Kwan Will Sen and Pang Huey Lynn for the Liquidator [Messrs Lim Chee Wee Partnership] Tan Eng Kiat and Yap Bing Yew for the Wong Weng Foo & Co. [Messrs Gan, Lee & Tan]

Citation

WA-28PW-139-05/2021 & WA-28PW-282-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-139-05/2021 & WA-28PW-282-10/2021 (Mahkamah Tinggi)

The court found the liquidator acted reasonably and within statutory and court-authorised powers: retention of employees and payments were commercially justified to maximise value and enabled a packaged sale; remuneration and payments were sanctioned by a prior Validation Order and schedule; breaches or delays in procedural rules were either inapplicable (no COI) or directory and curable without substantial injustice; no real conflict or personal unfitness proven to justify removal, and continuity favored appointment of Victor Saw.
25 May 2022

Barry Goh Meng Yew, Suria Juan and Goh Jen Nie for the Applicant / Contributory (Madam Tay May Chean) in PW213 & PW258 [Messrs Iza Ng Yeoh & Kit] 1. ) Caitlin Tan Hui Yi for the Liquidator of the Respondent (Lim San Peen) / Applicant in WA-

Citation

POST WINDING UP NO: WA-28PW-258-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING UP NO: WA-28PW-258-09/2021 (Mahkamah Tinggi)

The court appointed Victor Saw Seng Kee because there was no proven misconduct, dereliction or conflict by the incumbent liquidator or his team; continuity, access to records, qualifications and experience justified replacement by a PWC nominee to avoid disruption; the court exercised its discretion after considering creditors' and contributories' views and applicable authorities which require cause for removal and favor continuity absent conflict.
25 May 2022

Barry Goh Meng Yew, Suria Juan and Goh Jen Nie for the Applicant / Contributory (Madam Tay May Chean) in PW213 & PW258 [Messrs Iza Ng Yeoh & Kit] 1. ) Caitlin Tan Hui Yi for the Liquidator of the Respondent (Lim San Peen) / Applicant in WA-

Citation

POST WINDING UP NO: WA-28PW-213-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING UP NO: WA-28PW-213-07/2021 (Mahkamah Tinggi)

There was no proven dereliction, lack of independence or conflict by the incumbent liquidator; continuity, access to records and the appointee's experience justified appointing Victor Saw Seng Kee of PWC as liquidator; removal requires clear cause which was not established, therefore PW258 allowed and PW213 dismissed.

Malaysia Case Law

Kwan Will Sen and Pang Huey Lynn for the Liquidator [Messrs Lim Chee Wee Partnership] Tan Eng Kiat and Yap Bing Yew for the Wong Weng Foo & Co. [Messrs Gan, Lee & Tan]

Barry Goh Meng Yew, Suria Juan and Goh Jen Nie for the Applicant / Contributory (Madam Tay May Chean) in PW213 & PW258 [Messrs Iza Ng Yeoh & Kit] 1. ) Caitlin Tan Hui Yi for the Liquidator of the Respondent (Lim San Peen) / Applicant in WA-

Barry Goh Meng Yew, Suria Juan and Goh Jen Nie for the Applicant / Contributory (Madam Tay May Chean) in PW213 & PW258 [Messrs Iza Ng Yeoh & Kit] 1. ) Caitlin Tan Hui Yi for the Liquidator of the Respondent (Lim San Peen) / Applicant in WA-