Malaysia Case Law: Decisions & Judgments

Topic

Validation of post‑petition transactions

Legal area

Court

13 Jun 2022

LIEW CHONG MIN AUGUSTINE A/L T.K. JAMES (LIQUIDATOR FOR BEGAN CONSTRUCTION SDN BHD)

Citation

WA-28PW-352-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-352-12/2021 (Mahkamah Tinggi)

On the evidence the court found many dispositions were made bona fide and to pay genuine creditors; key respondents (Liew and Messrs Wong & Ting) lacked knowledge of the winding up petition and the payments were in the ordinary course and beneficial to the general body of creditors. Messrs Wong & Ting were not 'officers' for the purpose of s.541 and thus not liable under that section. Accordingly the liquidator's motions in WA‑28PW‑217‑08/2021 and WA‑28PW‑218‑08/2021 were dismissed, limited relief ordered in respect of RM125,000 held as unclaimed monies and validation orders granted in WA‑28P…
13 Jun 2022

Gow Jia Jian and Poh Yee Li for the Applicant in suit PW352 and 1st Respondent in suit PW217 & PW218 [Messrs Gow Victor & Co.] Segaran A/L S. Mathavan and Mohd Aiziezuddin Bin Suib for the Liquidator [Messrs S. Mathavan & Nur Hafizah]

Citation

28PW-352-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

28PW-352-08/2021 (Mahkamah Tinggi)

On the evidence and on a balance of probabilities the court found the contested post-petition dispositions were bona fide and undertaken in the ordinary course to pay genuine creditors; there was insufficient evidence of misfeasance, undue preference or prejudice to the creditor body and no validation orders were necessary to justify bona fide payments; W&T were not 'officers' within s541 and thus not liable under that section; accordingly the liquidator's challenges in WA-28PW-217-08/2021 and WA-28PW-218-08/2021 were dismissed and validation/relief sought in WA-28PW-352-12/2021 was granted a…
13 Jun 2022

Segaran A/L S. Mathavan and Mohd Aiziezuddin Bin Suib for the Liquidator / Applicant in suit PW217 & PW218 and Respondent in suit PW352 [Messrs S. Mathavan & Nur Hafizah] 1. ) Gow Jia Jian and Poh Yee Li for the Applicant in suit PW352 and

Citation

KES PASCA PENGGULUNGAN NO. WA-28PW-218-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KES PASCA PENGGULUNGAN NO. WA-28PW-218-08/2021 (Mahkamah Tinggi)

On the facts the court found the disputed post‑petition dispositions were bona fide, made in the ordinary course to discharge genuine creditor claims and some recipients (including solicitors W&T and various payees) and director Liew lacked knowledge of the winding up petition; solicitors acting as agents were not 'officers' under s541 and so not liable under that provision; accordingly the Liquidator's motions in PW217 and PW218 were dismissed, but the court directed W&T to claim and assist recovery of RM125,000 from the Registrar of Unclaimed Monies for repayment to the Liquidator and grant…

Malaysia Case Law

LIEW CHONG MIN AUGUSTINE A/L T.K. JAMES (LIQUIDATOR FOR BEGAN CONSTRUCTION SDN BHD)

Gow Jia Jian and Poh Yee Li for the Applicant in suit PW352 and 1st Respondent in suit PW217 & PW218 [Messrs Gow Victor & Co.] Segaran A/L S. Mathavan and Mohd Aiziezuddin Bin Suib for the Liquidator [Messrs S. Mathavan & Nur Hafizah]

Segaran A/L S. Mathavan and Mohd Aiziezuddin Bin Suib for the Liquidator / Applicant in suit PW217 & PW218 and Respondent in suit PW352 [Messrs S. Mathavan & Nur Hafizah] 1. ) Gow Jia Jian and Poh Yee Li for the Applicant in suit PW352 and