CECILY KEE LING LING v Bala Subramaniam A/L Rasu (Liquidator of Valiantview Construction Sdn Bhd (In Liquidation))

wa-28pw-675-11-2024 High Court (Mahkamah Tinggi) 20 January 2026 • WA-28PW-675-11/2024 • 12 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Company law – Winding up – Proceedings against liquidator – Section 486(2) Companies Act 2016 – Requirement of leave of winding-up court – Whether prior leave required to commence proceedings against court-appointed liquidator – Prima facie case – Whether applicant established sufficient basis to proceed – Role and protection of liquidator as officer of court – Whether proceedings frivolous or vexatious – Loan agreements cum assignment – Absolute assignment of purchasers’ rights – Whether financier is absolute assignee of units – Whether liquidator holds units as bare trustee – Whether liquidator entitled to demand further payment or terminate sale and purchase agreements – Injunction – Whether restraint against liquidator justified pending disposal of originating summons – Test for granting leave – Whether pecuniary loss required for third party claims against liquidator – Distinction between claims by company and third parties – Whether prejudice to financier and purchasers established

Practice Areas

Judges (1)

Suhendran Sockanathan Delivered

Counsel (5)

Shook Lin & Bok Firm The Law Office of Maran Ram Firm Edward Yii Counsel Respondent KK Chan Counsel Applicant Tiang Min Min Counsel Applicant

Parties (3)

United Overseas Bank Berhad Applicant Bala Subramaniam a/l Rasu Respondent Cecily Kee Ling Ling Petitioner

Cases Cited (3)

MY (3)

[1995] 3 MLJ 204 [2023] 5 MLJ 284 [2025] MLJU 2763

Judgment

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Source: eJudgment (wa-28pw-675-11-2024)