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2019 MarsdenLR 3955
COURT OF APPEAL PUTRAJAYA
KEMACAHAYA DEVELOPMENT SDN BHD – Appellant
Versus
SYARIKAT BEKALAN AIR SELANGOR SDN BHD & ORS AND ANOTHER APPEAL – Respondent
[Civil Appeal No: B-02(A)-45-01/2018 & B-02(A)-46-01/2018]
A direction under s 237(3) of the Companies Act is non-appealable as it does not constitute a judgment or order.
Headnote:In this appeal concerning directions pursuant to s 237(3) CA 1965, the Appellant sought clarity over funds paid to a stakeholder. The High Court ruled that SYABAS was entitled to the funds sought, confirming that a direction under s 237(3) is not a judgment or order and is thus non-appealable. The court upheld the statutory framework emphasizing that the liquidator had no claim over assets not in custody. The directions were dismissed.
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| 1. nature of appeals and jurisdiction discussed. (Para 1) |
[1] There are two (2) appeals emanating from one judgment arising from the decision of the High Court delivered on 21 November 2017 giving directions pursuant to s 237(3) of the Companies Act 1965 (" CA 1965") and/or s 487(3) of the Companies Act 2016 (" 2016"). As the facts are similar it was agreed by all the parties that the appeals be heard together. After considering the submissions of counsels in respect of the preliminary issue, we delivered our decision. It was our unanimous decision to strike out the appeals pursuant to this Court's powers under s 69 of the of Judicature Act 1964 ("CJA").
