JUDGMENT

Moses Susayan JC:

Introduction

[1] The applicant ("Dato' Suki Mee") seeks leave to initiate proceedings against the liquidator of Far Origin Sdn Bhd ("FOSB"), for allegations of impropriety and mismanagement. In this respect, the applicant demands court intervention. However, the liquidator opposes the applicant's request for leave to commence proceedings against the liquidator, arguing that the applicant has failed to meet the legal threshold for such an application. The question for determination for this court is whether leave can be granted for the applicant to pursue legal action against the liquidator.

Background Facts

[2] The applicant alleges impropriety and mismanagement. The applicant complains that one of the contributories in FOSB, known as Toi Sin Fatt improperly increased his shareholding in FOSB to 315,000 shares and later transferred 11,000 shares to his wife, Ng Yok Fong, without making any payment. The applicant argues that this act was illegal and void, resulting in pecuniary losses to him. He contends that the shares were unlawfully issued and transferred without consideration, and the liquidator's confirmation on 28 February 2024 stating that no records of