UNI CONSTRUCTION & REALTY SDN BHD v KUMPULAN BUMIKLAS SDN BHD (DALAM LIKUIDASI)
Catchwords
Company Law – Winding up – Post-winding up – Section 471 Companies Act 2016 – Leave to commence proceedings – Liquidator – Whether the Applicant satisfied the mandatory threshold test—as established in Mesuntung Property Sdn Bhd v Kimlin Housing Development Sdn Bhd—to obtain leave to proceed against a company in liquidation. Specifically, whether the Applicant demonstrated a prima facie case and a real dispute existing between the parties. Civil Procedure – Joinder of parties – Addition of defendant – Necessary party – Abuse of process – Prima facie case – Threshold test – Whether a company in liquidation can be added as a party to a civil suit merely for the sake of "completeness" or as a "nominal party" when no specific cause of action has been pleaded and no specific remedy or relief is sought against that company – Whether the Court should grant leave to add a respondent in liquidation as a party – when such attendance would lead to a waste of the liquidator's resources and cause unnecessary expenses to be incurred to the detriment of the company's creditors. Independence of Judicial Discretion – Whether the Court is bound to grant leave under Section 471 if the liquidator does not oppose the application, or whether the Court must independently evaluate the merits of the Statement of Claim to prevent an abuse of the court process. Restitution – Unjust enrichment – Recovery of construction costs – Abandoned projects – Relevance of Land Ownership in Construction Claims - In a claim for restitution regarding the rehabilitation of property – whether a company in liquidation that is not the registered landowner is a suitable or necessary party to the proceedings.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-28pw-111-02-2025)