JUDGMENT

(Preliminary Issue)

Azlan Sulaiman JC:

Overview

[1] This Judgment will examine whether a liquidator of a wound-up company can issue a sanction or delegate to another person his power under Item (a) of the Twelfth Schedule of the Companies Act , 2016 ("the Act") to bring or defend any action or other legal proceedings in the name and on behalf of that company.

Background

[2] Two suits before this Court, Suits WA-22M-286-07/2020 ("Suit 286") filed in July 2020, and WA-22M-102-05/2021 ("Suit 102") filed in May 2021 are to be heard together. Small Medium Enterprise Development Bank Malaysia Berhad ("the Bank") is the Plaintiff in Suit 286 and the Defendant in Suit 102.Oren Venture Sdn Bhd ("the Company") is the 1st Defendant in Suit 286, and the Plaintiff in Suit 102. The other three Defendants in Suit 286 were directors of the Company. They are not parties to Suit 102. Further, while the Bank is represented by the same firm of solicitors in both Suits, the Company is represented by two separate firms of Solicitors in Suit 286 and Suit 102.

[3] On 23 March 2021, in Kuala Lumpur High Court Winding-Up No: WA- 28NCC-111-01/2020, the Company was given two months until 25 May 2021 to pay