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2022 MarsdenLR 571

HIGH COURT MALAYA KUALA LUMPUR
RE: MALAYSIAN AIRLINE SYSTEM BERHAD (IN CREDITORS VOLUNTARY LIQUIDATION)


Petitioner Advocates:Richard Kok Chi Wei,Erin Lim Wen Xin ,Respondent Advocate: Mong Chung Seng,Medha Ong Ann Ting

JUDGMENT

(Enclosure 1)

Nadzarin Wok Nordin J:

[1] Enclosure 1 is a Form of Summons (Summons) filed by Malaysia Airports Sdn Bhd and Malaysia Airports (Sepang) Sdn Bhd (Applicants) pursuant to s 517 of the Companies Act 2016 and r 93 of the Companies (Winding-Up) Rules 1972 for the following orders-

(i) That the decision of the Liquidator of Malaysian Airline System Berhad in rejecting the Proof of Debt Form dated 4 December 2020 filed by Malaysia Airports Sdn Bhd ("MASB") for the sum of RM3,994,334.16 be reversed and/or varied accordingly;

(ii) That the decision of the Liquidator of Malaysian Airline System Berhad in rejecting the Proof of Debt Form dated 4 December 2020 filed by Malaysia Airports (Sepang) Sdn Bhd ("MASSB") for the sum of RM1,729,493.99 be reversed and/or varied accordingly;

(iii) That the costs of this application be paid by Malaysian Airline System Berhad.

[2] The grounds in support of the Summons state that:-

(a) That the Liquidator erred in rejecting he whole amount stated in MASB's Proof of Debt Form and MASSB's Proof of Debt Form on the basis that the said amounts have been novated to Malaysia Airlines Berhad and are no longer a debt of Malaysian Airline System Berha


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