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HIGH COURT MALAYA KUALA LUMPUR
LIM HAI KEE & ANOR – Appellant
Versus
DATO HENG JI KENG & ANOR (ENCL 1) – Respondent
Key Points: - Courts will not interfere with liquidators' decisions unless they are unreasonable and absurd (!) (!) . - Liquidators' decisions on claims rejection are entitled to deference if supported by credible documentary evidence (!) (!) . - Claims must be substantiated with proper documentation; self-serving statements without evidence are insufficient (!) (!) . - Winding-up proceedings follow specific rules that override general language requirements (!) (!) (!) . - Directors' fees require authorization by general meeting or articles; past payments do not create entitlement without evidence (!) (!) (!) . - Lack of written contracts and records prevents substantiation of employment or claims (!) (!) . - Estoppel cannot be raised against liquidators discharging statutory duties (!) (!) . - Motion dismissed with costs due to insufficient evidence supporting claims (!) .
JUDGMENT
(Enclosure 1)
[1] In the Notice of Motion at encl 1 (Motion), the Plaintiffs have applied pursuant to s 461(1), (2) and 517 of the Companies Act 2016. for the following orders:
(1) In respect of the 1st Plaintiff/Applicant:
(i) that the Defendants/Respondents/Liquidators' decision as set out in their letter to the Plaintiffs/Applicants dated 7 May 2021 and served on 18 May 2021, rejecting Lim Kai Hee's (P1) claim for RM719,817.38 being Director's salary, EPF, bonus and Director's fee due to him as a Working Director of Mahamewah Development Sdn Bhd be reversed and set aside;
(ii) that the Defendants/Respondents/Liquidators' Notice of Rejection of Proof of Debt (Form 59) dated 7 May 2021 rejecting P1's claim of RM719,817.38 beset aside by the Court and declared null and void and of no effect;
(iii) that the Defendants/Respondents/Liquidators be ordered to admit/accept P1's claim of RM719,817.38 being Director's salary, EPF, bonus and Director's fee due to him as a working director of Mahamewah Development Sdn Bhd as a debt due and payable from Mahamewah Development Sdn Bhd to him;
(iv) that the Defendants/Respondents/Liquidators be ordered to pay out of the
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