29 May 2024
SIAK SIONG CONSTRUCTION SDN BHD 1. ) AJ CORP SDN BHD (DALAM LIKUIDASI) 2. ) Perbadanan Kemajuan Negeri Selangor (PKNS) 3. ) SELANGOR INDUSTRIAL CORPORATION SDN BHD PENCELAH DICADANGKAN Lim Yi Sheng
- Citation
- BA-22NCvC-644-12/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-644-12/2018 (Mahkamah Tinggi)
Because the Companies Act 2016 and authorities do not expressly confer on a court-appointed liquidator the power to sanction the bringing of suit in the name of a wound-up company without the winding-up court's approval, the sanction relied on was ineffective; further, the termination letter signed by the Chief Executive Officer of PKNS, rather than the Dato' Menteri Besar as mandated by the contract, was invalid, and therefore the plaintiff's suit could not proceed and was struck off.