JUDGMENT

(Application For Leave To Continue An Appeal Against A Company In Liquidation)

Kenneth St James JC:

Prelusion

[1] The Applicant sued the Respondent (Mammoth Empire). The Applicant's suit was dismissed. The Applicant appealed. The Appeal is pending. Before the Appeal is determined, Mammoth Empire was wound up. As a result, the Applicant requires the leave of Court to continue to pursue the Appeal-to obtain the reliefs and remedies prayed for in the suit. Should leave be granted to the Applicant?

The Appeal/Suit That The Applicant Wishes To Continue

[2] Mammoth Empire is the developer of the Empire Residence project in Selangor. The Applicant purchased a property from Mammoth Empire (Property). The Sale And Purchase Agreement was signed in February 2012 (SPA).

[3] The Property was completed.

[4] In August 2020, Mammoth Empire issued to the Applicant a Notice Of Delivery Of Vacant Possession (VP Notice).

[5] In December 2020, the Applicant acknowledge the VP Notice, but demanded for liquidated ascertained damages for late delivery (LAD).

[6] In January 2021, Mammoth Empire reminded the Applicant to take vacant possession of the Property and to pay the outstanding sum of RM97,117.48 all