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2021 MarsdenLR 1566

COURT OF APPEAL PUTRAJAYA
SUNRISE MEGAWAY SDN BHD – Appellant
Versus
KATHRYN MA WAI FONG – Respondent


Petitioner Advocates:Gopal Sri Ram,Wong Rhen Yen,Gary Ng Cheng Yip,Lee Min Lun,How Li Nee ,Respondent Advocate: Kelvin Seet Wan Nam

JUDGMENT

Kamaludin Md Said JCA:

Introduction

[1] The appellant appeals against the decision of the High Court which allowed the respondent's Motion to reverse the decision of the appellant's Liquidator in admitting the proof of debt submitted by Lismore Trading Sdn Bhd.

Brief Facts

[2] The appellant is a company within WTK group of companies in the business of extraction and sale of logs. On 28 May 2018 the appellant was wound up by the Winding up Court ("Winding up Order") pursuant to a Winding up Petition filed by the Petitioner. Upon the Winding up Order, Mr Wong Ching Yong was appointed as the Liquidator. The Petitioner is the executrix of the estate of the late Datuk Wong Kie Nai ("WKN") and she holds 80,000 ordinary shares in the appellant.

[3] As one of the creditors and part of the WTK Group, Lismore Trading Co Ltd ("Lismore") had on 27 August 2018 lodged a Proof of Debt ("POD") for a sum of RM4,018,389.88 through M/s Huang & Company Advocates. The Liquidator admitted Lismore's POD through a Notice of Admission dated 1 November 2018. On 22 November 2018, the respondent filed encl 1 to oppose the admission of Lismore's POD by the Liquidator.

[4] After hearing the respondent's Motio

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