Hew Kiang Hoe [Identity Card No.: 280610085291] & 1 lagi v SHENCOURT PROPERTIES SDN BHD

wa-28pw-765-12-2024 High Court (Mahkamah Tinggi) 8 July 2025 • WA-28PW-765-12/2024 • 16 min read
2 cases cited

Catchwords

Appeal against decision of liquidator – Section 279 of the Companies Act 2016 - Whether the professional’s services rendered by the Applicant falls under priority payments and whether the Bills are ‘costs and expenses in the winding up’ under Section 292(1)(a) of the Companies Act 1965 [or Section 527(1)(a) of the Companies Act 2016] - whether the same should be treated as pari passu together with the claims of pre-winding up creditors of the Company – S. 292(1)(a) of the Act is not exhaustive to three expenses specifically mentioned - ‘liquidation expenses principle’ – The Court held that the Professionals contributed to the successful recovery of property for the benefit of the Company and the creditors in general. The Court held that the decision of the Official Receiver be set aside and payment be paid to the Applicant. Application is allowed.

Judges (1)

Ong Chee Kwan Delivered

Counsel (5)

Devan & Assoc. Firm Lee Min Choon & Co. Firm Devan Counsel Respondent Lee Min Choon Counsel Applicant Nur Hazrin Counsel Respondent

Parties (3)

SHENCOURT PROPERTIES Sdn Bhd Respondent Hew Kiang Hoe [identity Card No.: Petitioner Lee Min Choon & Co Applicant

Case Significance

Hew Kiang Hoe [Identity Card No.: 280610085291] & 1 lagi v SHENCOURT PROPERTI... is a High Court (Mahkamah Tinggi) decision dated July 8, 2025 (citation: wa-28pw-765-12-2024). The case was decided by Ong Chee Kwan.

What was the outcome of Hew Kiang Hoe [Identity Card No.: 280610085291] & 1 lagi v SHENCOURT PROPERTI...?

Hew Kiang Hoe [Identity Card No.: 280610085291] & 1 lagi v SHENCOURT PROPERTI... is a High Court decision dated July 8, 2025. The case was heard by Ong Chee Kwan. See the full judgment for details.

Statutes Cited

Companies Act 2016 (Cap 777)
s 471

Cases Cited (2)

SG (2)
[2022] SGCA 69 [2022] SGHC 55

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-28pw-765-12-2024)