Syed Amirul Azizie Bin Syed Marzuki v 1. ) Poly Electronic & Electrical (M) Sdn. Bhd. 2. ) PELIKUIDASI SM PELANGI SDN BHD (JABATAN INSOLVENSI MALAYSIA (CAWANGAN KUANTAN))

ca-28pw-4-05-2024 High Court (Mahkamah Tinggi) 10 March 2025 • CA-28PW-4-05/2024

Catchwords

Company law — Winding up — Post-winding-up proceedings — Application to set aside winding-up order — s. 493 Companies Act 2016 — Discretion of court Insolvency — Liquidator’s powers — Official Receiver — Control and realization of company assets — ss. 483, 486, 487 and Twelfth Schedule Companies Act 2016 Insolvency — Pari passu principle — Equality of unsecured creditors — Direct payment to single creditor — Whether unlawful preference — ss. 527(2), 528(1) Companies Act 2016 Practice and procedure — Functus officio — Directors’ lack of authority after winding-up order — Abuse of winding-up process Remedies — Restitution — Order for repayment to liquidator — Protection of general body of creditors Outcome – Application dismissed — Payment of RM138,560.01 made to first respondent declared improper — Sum ordered to be repaid to Official Receiver/liquidator.

Practice Areas

Company law

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (3)

PELIKUIDASI SM PELANGI Sdn Bhd (JABATAN INSOLVENSI MALAYSIA (CAWANGAN KUANTAN)) Respondent Poly Electronic & Electrical Sdn Bhd Respondent Syed Amirul Azizie bin Syed Marzuki Applicant

Case Significance

Syed Amirul Azizie Bin Syed Marzuki v 1. ) Poly Electronic & Electrical (M) S... is a High Court (Mahkamah Tinggi) decision dated March 10, 2025 (citation: ca-28pw-4-05-2024). The case was decided by Mohd Radzi bin Harun.

What was the outcome of Syed Amirul Azizie Bin Syed Marzuki v 1. ) Poly Electronic & Electrical (M) S...?

Syed Amirul Azizie Bin Syed Marzuki v 1. ) Poly Electronic & Electrical (M) S... is a High Court decision dated March 10, 2025. The case was heard by Mohd Radzi bin Harun. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ca-28pw-4-05-2024)