13 Jul 2020
S Dhanaraj for the Plaintiffs Messrs Hakem Arabi Pamela Ephraim for the 1st Defendant’s Liquidator Messrs Ephraim & Associates PIHAK KETIGA Nurul Hafeeza for Hong See Ching Messrs CW Loh & Associates
- Citation
- COMPANIES POST WINDING UP NO. WA-28PW-300-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- COMPANIES POST WINDING UP NO. WA-28PW-300-04/2019 (Mahkamah Tinggi)
The court held that the court-appointed liquidator steps into the shoes of the developer under the Strata Management Act 2013 and Companies Act 2016 and therefore is entitled to custody of the strata titles, records, accounts and related documents; actions taken by HSH and SHJ beyond surveyor duties and without statutory or owner sanction were void ab initio; fees unagreed and inconsistent with regulatory scales are unenforceable; consequently HSH must deliver documents, lodge POD and produce bank statements and pay costs.