Malaysia Case Law: Decisions & Judgments

Topic

Statutory duties of liquidator

Legal area

Court

28 Apr 2023

Abdul Rahman Bin Zainal Baltasar Bin Maskor PIHAK TERKILAN SRI ALAM SDN BHD (In Creditors' Voluntary Liquidation)

Citation

WA-28PW-94-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-94-02/2022 (Mahkamah Tinggi)

On a balance of probabilities the Court found cause shown to remove the Joint Liquidators: they proceeded with the COI meeting of 19.11.2020 in the absence of creditor representatives thereby evidencing lack of independence and apparent bias; they failed or unduly delayed compliance with Consent Orders (notably failure to pursue recovery of monies in Singapore and failure to deposit land compensation with Messrs Cheah Teh & Su as ordered); those material breaches and conflict justified removal and replacement; accordingly the Court removed the Joint Liquidators and appointed Mr Ralph Ravin Ra…
13 Oct 2022

Vinesh Mathew Varghese and Esvine Maria Anne a/p Saganathan for the Applicants [Messrs Teja Singh Penesar & Co.] Pamela Ephraim for the Respondent [Messrs Epharim & Associates]

Citation

WA-28PW-218-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-218-04/2022 (Mahkamah Tinggi)

Applicants failed to show cause to remove the liquidator; evidence established the liquidator complied with statutory duties and acted bona fide and reasonably given injunctions and pandemic measures, but the court found the 2% administrative fee plus vetting fee for transfers unreasonable and substituted a fair flat fee of RM1,000 per transfer for the 1,476 parcels.
13 Oct 2022

Eng Kee Wat @ Ng Yee Siang CHERISH SPRINGS SDN. BHD.

Citation

WA-28PW-218-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-218-04/2022 (Mahkamah Tinggi)

Applicants failed to show sufficient cause to remove the court‑appointed liquidator; evidence established the liquidator complied with statutory duties and was impeded by prior injunctions and COVID restrictions; however the court found the proposed 2% administrative fee plus vetting charge for transfer of 1476 strata titles was excessive and arbitrary and substituted a fair and reasonable flat fee of RM1,000 per transfer; prayers for removal dismissed and the fee reduction granted; no order as to costs.

Malaysia Case Law

Abdul Rahman Bin Zainal Baltasar Bin Maskor PIHAK TERKILAN SRI ALAM SDN BHD (In Creditors' Voluntary Liquidation)

Vinesh Mathew Varghese and Esvine Maria Anne a/p Saganathan for the Applicants [Messrs Teja Singh Penesar & Co.] Pamela Ephraim for the Respondent [Messrs Epharim & Associates]

Eng Kee Wat @ Ng Yee Siang CHERISH SPRINGS SDN. BHD.