Wong Weng Foo (Liquidator Of Tenaga Gagah Sdn. Bhd. (179807-x) v 1. ) RESIDENSI LAGUNA JMB 2. ) Kuh Cho Sen 3. ) TENAGA GAGAH SDN. BHD.

w-02a-2304-12-2021 Court of Appeal (Mahkamah Rayuan) 26 May 2024 • W-02(A)-2304-12/2021

Catchwords

Removal of liquidator - whether leave of court was required to commence proceedings against a liquidator appointed by the court- s.486(2) of the Companies Act 2016- operative words in s.236(3) of the 1965 Act were the words “subject to the control of the court”- a liquidator is answerable to the court in the performance of his duties. obligated to conduct the winding up process pursuant to the order granted by the winding up court. -no party can interfere with him save with the permission of the winding up court - avoid unnecessary and wasteful litigation - preserve the integrity of the winding up process by precluding unwarranted and wrongful interference with the winding up process.

Judges (3)

Collin Lawrence Sequerah Delivered Hashim bin Hamzah Coram Kamaludin bin Md. Said Coram

Parties (4)

TENAGA GAGAH Sdn Bhd Respondent Kuh Cho Sen Respondent Residensi Laguna Jmb Respondent Wong Weng Foo Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-02a-2304-12-2021)