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HIGH COURT MALAYA KUALA LUMPUR
GEMA KUKUH SDN BHD – Appellant
Versus
FELDA PROPERTIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. validity of action post winding-up order. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. legal representation and liquidator's role. (Para 7 , 8 , 9 , 10 , 11) |
| 3. liquidator's authority to initiate actions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 22 , 23) |
| 4. court's power to authorize litigation. (Para 20 , 21 , 24 , 25 , 26) |
| 5. liquidator's decision to conduct litigation. (Para 30 , 31 , 32) |
| 6. delay in action initiation. (Para 33 , 34) |
| 7. court's orders and costs allocation. (Para 35 , 36 , 37) |
[PRELIMINARY ISSUE AND STAY APPLICATION]
Introduction
[1] This Judgment is on the preliminary issue as to whether this action can be maintained when the Plaintiff, ("Gema Kukuh") filed it more than 5!4 years after it had been ordered wound-up ad was still in liquidation, on the instructions of one of its former directors and contributories and not by the appointed liquidator, and without any consent or sanction by the winding-up Court. This Judgment will also be on Gema Kukuh's application filed on 19 December 2025 to stay the proceedings in this action ("Stay Application").
Salient Facts
[2] On 20 December 2017, in Alor Setar High Court Winding-Up Petition No: 28-33-11/2-2
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