2011 MarsdenLR 4579

HIGH COURT, JOHOR BAHRU
KERAJAAN MALAYSIA – Appellant
Versus
SINEO ENTERPRISE SDN BHD – Respondent
[21Ncvc-11-2011]

A plaintiff may discontinue an action after the defendant has been wound-up, leading to the strike out of proceedings without costs being awarded.

Headnote:(A) Winding Up Act - Striking out of action - Plaintiff informed the Court of intention to file proof of debt due to the defendant company being wound-up - No objections raised by the Insolvency Department - Action struck out with no order as to costs. (Paras 1-3)

Facts of the case:
The plaintiff notified the Court regarding the filing of a proof of debt after the defendant was wound-up and indicated the intention to discontinue the action.

Findings of Court:
The court struck out the action, providing no order as to costs.

Issues: The main issue was whether the action should be allowed to continue after the defendant's winding up.

Ratio Decidendi: The court found that the plaintiff's decision not to proceed with the action post-winding up of the defendant was appropriate, leading to the action's dismissal without costs.

Result: Action struck out.