23 Nov 2020
Venka Arun for the Applicants in Motion 184 [Messrs. Ven & Associates]
- Citation
- POST WINDING-UP NO.: WA-28PW-184-02/2019 (in Motion 184) (Mahkamah Tinggi)
- Court
- in Motion 184
- Case number
- POST WINDING-UP NO.: WA-28PW-184-02/2019 (in Motion 184) (Mahkamah Tinggi)
On the balance of probabilities the court held multiple post-petition payments were void under s.472 CA 2016 where no validation was proved; limited categories of payments were accepted as valid (workers' wages, certain payments relating to car loans as evidenced by Mimosa's bank records, payment to Faris re property loan); directors and the alleged shadow director exhibited misfeasance/breach of duty and are liable to account; Motion 184 granted in part and Motion 702 (validation) dismissed for lack of good faith.