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