LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In Members' Voluntary Liguidation)) Tujuan Management Consultants Sdn. Bhd.

aa-24ncvc-514-10-2024 High Court (Mahkamah Tinggi) 20 January 2025 • AA-24NCvC-514-10/2024 • 13 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

Company Law — Winding-up — Action against company under members’ voluntary liquidation — Whether leave of court required — Section 451(2) of Companies Act 2016 — Section 263(2) of Companies Act 1965 — Whether proceedings commenced without leave are procedurally defective — Rationale for requiring leave — To prevent overlapping claims and protect company assets — Whether Plaintiff’s application filed with malice — Vexatious and abuse of court process — Whether online meeting valid — Section 327 of Companies Act 2016 — Whether Liquidator’s statutory powers override company’s Articles — Rule 118 of Companies (Winding-Up) Rules 1972 — Whether Liquidator may chair meeting.

Practice Areas

Company Law

Judges (1)

Moses Susayan Delivered

Counsel (4)

Chan & Associates Firm Kean Chye & Sivalingam Firm Gary Abraham Xavier Counsel Defendant Skanda Yagasena Counsel Plaintiff

Parties (2)

Khoo Chooi Thuan Respondent Loh Siew Choong Applicant

Case Significance

LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In... is a High Court (Mahkamah Tinggi) decision dated January 20, 2025 (citation: aa-24ncvc-514-10-2024). The case was decided by Moses Susayan.

What was the outcome of LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In...?

LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In... is a High Court decision dated January 20, 2025. The case was heard by Moses Susayan. See the full judgment for details.

Statutes Cited

Companies Act 1965 (Cap 777)
s 263(2)
Companies Act 2016 (Cap 777)
Rules of Court 2012

Cases Cited (9)

MY (9)
[1985] 2 MLJ 446 [2017] 5 MLJ 368 [2017] 6 MLJ 661 [2017] 7 AMR 525 [2017] AMR 246 [2018] 2 CLJ 401 [2024] 10 CLJ 206 [2024] AMEJ 1589 [2025] 1 MLJ 323

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-24ncvc-514-10-2024)