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2019 MarsdenLR 2833

COURT OF APPEAL PUTRAJAYA
SHENCOURT SDN BHD – Appellant
Versus
SHENCOURT PROPERTIES SDN BHD – Respondent


Petitioner Advocates:Alvin Tang,Natasha Louis ,Respondent Advocate: Harpal Singh Grewal,Terrance Kanagaratnam,Collin Gooting,Archana Nair

Table of Content
1. appeals regarding the necessity for joint liquidators to act collaboratively. (Para 1 , 2)
2. judicial observations on the role and duties of liquidators. (Para 3 , 4 , 5)
3. court reviews incompetent actions of liquidators affecting stakeholder interests. (Para 6 , 11)
4. grounds for the removal of liquidators due to dysfunctional behavior. (Para 9 , 10)
5. outcome permitting the appointment of the official receiver as liquidator. (Para 12 , 14)
[1] The appellant/intervener appeals against the decision of the High Court which had refused the application for the removal of joint liquidator.

[2] It is not in dispute that there were many grievances against the first liquidator, Ricky Thong and an application to remove him as early as the year 2011, was not successful. His Lordship Lee Swee Seng J, in lieu of removing Ricky Thong ordered the appointment of another person by the name of Narendra Kumar Jasani, to be joint liquidators. The judgment of the learned judge is reported as Hew Kiang Hoe & Anor v. Shencourt Properties Sdn Bhd, [2011] 7 CLJ 158, and sets out the jurisprudence for the removal of the liquidator. This judgment must be read together with the previous ju

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