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Cases

SHENCOURT SDN BHD v. SHENCOURT PROPERTIES SDN BHD & ORS AND ANOTHER APPEAL
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]
21 October 2025
[2026] 1 MLRA 299

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)".

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
Award No: 515 of 2016 [Case No: 16/4-157/15]
27 April 2016 [+]
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