An applicant must establish creditor status to set aside a stay of winding up, alongside timely and proper procedural adherence.

Headnote:The application to set aside the Stay Order by Jeuro Developments Sdn Bhd was dismissed, as the court found the applicant lacked locus standi and failed to demonstrate its status as a creditor under the Companies Act 1965. The principles from case law were applied, emphasizing the necessity of being a recognized creditor and the onus on the applicant to prove its claims. A significant delay in the application ultimately prejudiced the contributory's position, reinforcing the court’s decision.

Table of Content
1. applicant seeks to set aside stay order claiming lack of service. (Para 1)
2. application process and its basis. (Para 2)

[1] Enclosure 85 is the Applicant's application:

(i) to set aside the Order of this Court dated 9 November 2012 wherein the earlier winding-up order of Jeuro Developments Sdn Bhd ("Jeuro") was stayed ("Stay Order"); and

(ii) for a consequential order that pursuant to s 232(1) and/or 227 of the Companies Act, 1965, such other person or persons that the Applicant may nominate be appointed as liquidator of Jeuro.

[2] I dismissed encl 85 with cost of RM5,000.00 for the following reasons.

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2017 MarsdenLR 3121

HIGH COURT MALAYA MALACCAIN RE BADAN PENGURUSAN BERSAMA KONDOMINIUM LAGENDA[Company Winding Up No: 28-14-1998]

An applicant must establish creditor status to set aside a stay of winding up, alongside timely and proper procedural adherence.

HIGH COURT MALAYA MALACCA
IN RE BADAN PENGURUSAN BERSAMA KONDOMINIUM LAGENDA
[Company Winding Up No: 28-14-1998]