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').