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)".

[4] Shencourt Sdn Bhd (in liquidation) (SSB) filed a proof of debt (SSB's 1st POD) with the Joint Liquidators (Wound Up Company), but SSB's 1st POD was rejected by the Joint Liquidators (Wound Up Company) on 15 January 2018 [Joint Liquidators' Rejection (SSB's 1st POD)].

[5] M/s Putra Gill (M/s PG), a law firm, had filed a POD in the liquidation of the Wound Up Company (M/s PG's POD). On 3 December 2018, the Court of Appeal had admitted M/s PG's POD [Court of Appeal's Order (Admission of M/s PG's POD)]. An application to the Federal Court had been made by the Wound Up Company for leave to appeal against the Court of Appeal's Order (Admission of M/s PG's POD) [Wound Up Company's Federal Court Leave Application (Admission of M/s PG's POD)].

[6] On 18 January 2019, the Court of Appeal-

(1) removed the Joint Liquidators (Wound Up Company); and

(2) appointed the Official Receiver (OR) as the liquidator for the Wound Up Company.