SHARIKAT SUKMA KEMAJUAN DAN PERUSAHAAN SDN. BHD. v REI HOLDINGS SDN. BHD. PIHAK KETIGA Jabatan Insolvensi Malaysia PIHAK TERKILAN CHEE YUN FONG
6 cases cited
(0 SG, 6 foreign)
Catchwords
COMPANIES LAW: Winding up – Liquidator – Application by contributory for leave to continue appellate proceedings on behalf of wound-up company – Company already subject to compulsory winding up order – Official Receiver declining consent to continue appeals – Whether contributory entitled to substitute liquidator’s decision – Whether Court should interfere with liquidator’s exercise of powers – Whether continuation of appeals would benefit liquidation estate – Companies Act 2016, s. 486(2) INSOLVENCY LAW: Liquidation – Powers of liquidator – Supervisory jurisdiction of Court – Application by contributory challenging liquidator’s refusal to continue litigation – Whether evidence of fraud, mala fides or irrationality on part of liquidator – Whether dissatisfaction with liquidator’s decision sufficient to invoke Court’s supervisory jurisdiction – Interests of creditors and contributories – Collective nature of insolvency administration CIVIL PROCEDURE: Procedural irregularity – Winding-up proceedings – Application commenced by summons instead of motion – Whether defect fatal – Whether procedural non-compliance curable – Companies (Winding-Up) Rules 1972, rr. 5, 7 and 194 – Rules of Court 2012, O. 2 r. 1 COMPANIES LAW: Appeals – Continuation of pending appeals after winding up order – Leave sought by contributory to pursue appeals against summary judgment and striking out order – Whether proposed appeals shown to have merit or confer tangible benefit to liquidation estate – Whether application constituted collateral attempt to circumvent consequences of winding up order
Judges (1)
Counsel (7)
Statutes Cited
Companies Act 2016 (Cap 777)
Rules of Court 2012
Cases Cited (6)
UK (1)
[1966] 3 All ER 277
MY (5)
[2007] 3 MLJ 571 [2007] 7 CLJ 516 [2015] 7 CLJ 16 [2022] 12 MLJ 247 [2022] MLJU 3543
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-28ncc-17-01-2025)