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2023 MarsdenLR 991

FEDERAL COURT PUTRAJAYA
GENISYS INTEGRATED ENGINEERS PTE LTD – Appellant
Versus
UEM GENISYS SDN BHD & ORS – Respondent


Petitioner Advocates:Gideon Tan,Brian Ernest Cumming,Ashvinpal Kaur ,Respondent Advocate: T Baskaran,Roveena Tara,Hanisah Mohd Rusli

Table of Content
1. significant duties and powers of a liquidator regarding proof of debts. (Para 1 , 2)
2. limitation act does not apply to accepted proofs of debt. (Para 19 , 21 , 30 , 32)
3. liquidators must base decisions on contractual terms, not commercial judgments. (Para 46 , 48 , 52)
Hasnah Mohammed Hashim FCJ:

[1] The appeal raised questions of some significance relating to the duties and powers of a Liquidator in respect of proof of debts lodged by creditors.

[2] On 26 April 2022, this Court granted the Appellant leave to appeal in respect to the following questions of law:

Question 1

Can the Limitation Act 1953 apply to Proof of Debt which is accepted and not formally rejected by a Liquidator?

Question 2

Can the Liquidators unilaterally impose interest on the basis of a commercial decision and at a rate unilaterally decided by them despite the absence of any contractual provision and/or agreement by the Appellant?

The Factual Background

[3] The facts are not complicated and mainly, undisputed. However, it is necessary to set out the material facts to appreciate the issues argued in this appeal. By a Shareholders' Agreement dated 2 November 1993 UEM Group Berhad formerly known as

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