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2019 MarsdenLR 2242
HIGH COURT MALAYA SHAH ALAM
VOLO WISE CONSULTANCY SDN BHD – Appellant
Versus
N S W COMPANY SDN BHD (ENCLS 1 & 12) – Respondent
[Winding Up Case No: BA-28PW-97-04/2019]
The majority creditors' views are crucial in the appointment of a Liquidator under winding-up proceedings.
Headnote:I. The case involves two Winding-Up petitions under the Companies Act 2016. The Petitioner, N S W Company Sdn Bhd, as the largest creditor, sought the appointment of Mr Ahmad Saifudin Ahmad as Liquidator. The court found that the majority of creditors supported the Petitioner’s application over the Applicant's. II. The main issues were the creditor hierarchy and allegations of collusion. The court determined that the application of N S W Company Sdn Bhd was justified based on the support of other creditors. III. The Petitioner's application to appoint Mr Ahmad Saifudin Ahmad as Liquidator was allowed, whilst the Applicant's was dismissed.
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| 1. application for liquidators based on creditor status. (Para 2) |
[1] There are two Enclosure filed before this Honourable Court for me to decide.
[2] 1) Enclosure 1 (Winding-Up Suit No: BA-28 PW-97-04/2019) dated 19 April 2019 (is the Petitioner / Applicant (N S W Company Sdn Bhd) to appoint Mr Ahmad Saifudin Ahmad as the Liquidator of the Respondent (Offspring Natural Sdn Bhd) to replace the Official Receiver pursuant to s 477 of the Companies Act 2016 .
[3] 2) Enclosure 12 (Winding-Up Suit No: BA: 28 NCC-649-11/2018) dated 21 March 2019 (is the Volo Wise Consultancy Sdn Bhd / Applicant who is also one of a creditors of the Respondent to appoint Mr Wong Ching Yong as the Liquidator of the Respondent to replace the Official Receiver pursuant to s 469 and 477 of the Companies Act 2016 .
