JUDGMENT

[1] The plaintiff in Suit 575 is a company under liquidation. The plaintiff was wound up by a court order dated 18 October 2011 at the instance of one Simon James Andrew Scott. Pursuant to a court order dated 16 March 2012, one Encik Augustine TK James ("Encik Augustine") was appointed as the provisional liquidator for the plaintiff company. The nature of the order that outlined the duties of Encik Augustine (who is SP3 at the trial) by the winding- up court are inter alia as follows:

(a) To carry out all the duties involved as the liquidator of the plaintiff company diligently in accordance with the provisions in the then Companies Act 1965 ("CA") which are, inter alia, ss 228, 233 and 236; and

(b) To take all necessary and expedient measures in recording all assets owned by the plaintiff company and dispose of the same according to the market value.