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2021 MarsdenLR 2522

JUDGMENT

Nadzarin Wok Nordin JC:

Enclosure 1

[1] The applicant, Es Eng Soon Holdings Sdn Bhd (Applicant) had filed under s 482(b) of the Companies Act 2016 and/or the inherent jurisdiction of the Court for inter alia the following orders:

a) that Tan Wae Leng (Liquidator) of c/o Cheng & Co, Corporate Recovery Sdn Bhd be removed as the Liquidator Of Golden Affinity Development Sdn Bhd (In Liquidation) (Respondent)

b) that pursuant to (a) above, Chan Chuan Long be appointed as Liquidator of the Respondent

c) an injunction to restrain the Liquidator and/or the Respondent frpm proceeding with the action known as Kuala Lumpur High Court Suit No WA-22NCC-472-08/2019 (Suit 472) against both the former and current directors and shareholders of the Respondent.

[2] The Application is supported by the grounds as follows:

(i) the Liquidator has failed to carry out his duty to investigate into the pre winding up dealings of the directors and contributories of the Respondent on the issue of distribution of dividends for which he was expressly and specifically appointed on 19 July 2018

(ii) the Liquidator knew or ought to have known of the Shah Alam High Court Suit No BA-22NCC-43-04/2019 (D


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