2024

2023

2022

2021

2020

2019

2018

2017

Cases

N CHANTHIRAN NAGAPPAN v. KAO CHE JEN
Federal Court, Putrajaya
Mohamad Zabidin Mohd Diah CJM, Nallini Pathmanathan, Rhodzariah Bujang FCJJ
[Civil Appeal No: 02(I)-54-09-2021(Q)]
17 May 2023
[2023] 5 MLRA 247

JUDGMENT

Nallini Pathmanathan FCJ:

A. Introduction

[1] The sole issue in this appeal is whether leave of Court is required for the commencement of proceedings against a Court-appointed liquidator.

[2] The long-established position in this jurisdiction is that leave is obtained from the winding-up Court prior to such commencement. However, in two recent decisions, namely Kao Che Jen v. N Chanthiran Nagappan [2016] 1 MLRA 218; [2015] 9 CLJ 295 ('Kao Che Jen') and the instant appeal, the Court of Appeal has departed from this long-established position. It is therefore incumbent upon this Court to clarify the relevant legal principles in this regard.

B. Background Facts

[3] The respondent, Kao Che Jen is a contributory and director ('the Contributory') of one STM Transformers Sdn Bhd ('the Company'). On 9 May 2013, one Ong Jin Ek, another contributory of the Company, filed a petition to wind up the Company on just and equitable grounds pursuant to s 218(1)(i) of the Companies Act 1965 ('the 1965 Act'). The Company was consequently wound up by the High Court in Kuching on 21 June 2013. The appellant, N.Chanthiran A/L Nagappan was appointed as the Company's liquidator ('the Liquidator').

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
16/4-157/15
27 April 2016 [+]
JanuaryFebruaryMarchAprilMayJuneJulyJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember