HIGH COURT MALAYA KUALA LUMPUR
LINKMAN CONNECTIONS SDN BHD – Appellant
Versus
CHONG CHUAN LONG & ANOR – Respondent
JUDGMENT
(Enclosure 1)
Introduction
[1] This is an application by the applicant (Application), Linkman Connections Sdn Bhd (Applicant) pursuant to inter aliass 461 and 517 of the Companies Act 2016 for the following declarations, orders and/or reliefs:
i. that the court determine questions arising in the winding up of Leica namely:
a) whether the Global Settlement Agreement dated 19 August 2016 (GSA) made between Leica Residence Sdn Bhd (In Voluntary Liquidation) (Leica) and Amanah Raya Capital Sdn Bhd (ARC) is valid, binding and continues to be in force between Leica and ARC;
b) whether following the GSA, can ARC be a creditor of Leica for an amount more than RM3,736,136.50; and
c) whether by disregarding the GSAA, the Liquidator Chong Chuan Long (Liquidator) has acted in a manner no reasonable liquidator would have acted and has acted to the prejudice of the Applicant herein, other creditors and Leica's contributories.
ii. a declaration that that the GSA is a valid, binding and continuing agreement between ARC and Leica;
iii. a declaration that resulting from the GSA, ARC can only be a creditor for half of the proceeds of sale of 2 pieces of land held under Title
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