SHENCOURT SDN BHD v. SHENCOURT PROPERTIES SDN BHD & ORS AND ANOTHER APPEAL

[2026] 1 MLRA 299
Court of Appeal, Putrajaya
Nantha Balan Moorthy, Wong Kian Kheong, Ahmad Kamal Md Shahid JJCA
[Civil Appeal Nos: W-02(A)-1852-09-2022 & W-02(A)-1998-10-2022]
Nantha Balan Moorthy, Wong Kian Kheong, Ahmad Kamal Md Shahid JJCA

JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] The above two appeals (2 Appeals) discuss, among others, a novel question of law, namely, whether a meeting of creditors of a wound up company can lawfully appoint a "Committee of Inspection" (COI) to act with the liquidator of the wound up company, without the liquidator convening a meeting of contributories of the wound up company to decide whether a COI should be appointed.

B. Background

[2] Shencourt Properties Sdn Bhd (Wound Up Company) was wound up by an order of the High Court (Winding Up Court) on 19 April 2002.

[3] On 4 February 2004, Mr Ricky Thong Yew Fook (Mr Thong) was appointed as the liquidator for the Wound Up Company. Dato' Narendrakumar a/l Chunilal Rugnath (Dato' Narendrakumar) was subsequently appointed on 26 April 2011 as a joint liquidator of the Wound Up Company (together with Mr Thong). This judgment shall refer to both Mr Thong and Dato' Narendrakumar as the "Joint Liquidators (Wound Up Company)".

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