SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 MarsdenLR 2653

COURT OF APPEAL PUTRAJAYA
CHEAH THEAM KHENG – Appellant
Versus
CITY CENTRE SDN BHD & OTHER APPEALS – Respondent


Judgement Key Points

Key Points: - The liquidator was required by a High Court order to act with a committee of inspection, but did not appoint one. [10][33] - The court held that obedience to court orders is mandatory and that the liquidator cannot act unilaterally where a committee of inspection is mandated, affecting the validity of the sale to North Plaza. [86][95] - The sale of the lands to North Plaza was tainted due to the liquidator’s lack of compliance with the committee requirement, and the High Court order directing that the liquidator act with the COI could not be varied by the liquidator alone. [95][108] - The court affirmed that the liquidator’s powers under statutory provisions are subject to court control and to the existence and directions of the committee of inspection. [93][89] - The appeals were allowed, with costs, and the High Court decision set aside; deposits refunded. (!) (!) (!) - The proceedings emphasize that a consent order requiring the committee of inspection binds the liquidator unless otherwise set aside in direct proceedings. [106][107][108]

How to interpret the requirement of a committee of inspection in liquidation and its effect on a liquidator's power to dispose of assets?

What is the proper effect of a court order mandating a committee of inspection on subsequent liquidator actions and asset sales?

What are the limits of a liquidator's power under statute when a committee of inspection has not been appointed or is not obeyed?


Table of Content
1. introduction of appeals and context (Para 1 , 2 , 3)
2. details about appellants and their claims (Para 4 , 5 , 6 , 7)
3. winding-up order and liquidator's appointment (Para 8 , 9 , 10)
4. city centre's assets and financial status (Para 11 , 12 , 13)
5. pending lawsuit related to shareholding (Para 14 , 15)
6. arguments concerning the liquidator's decisions (Para 36 , 38)
7. legal framework of liquidator's powers (Para 52 , 55)
8. court's interpretation of the liquidator's authority (Para 57 , 58)
9. final orders and judgment outcome (Para 119)

[1] There were three appeals before us, namely:

(a) Civil Appeal No: W-02(IM)-124-2010

Cheah Theam Kheng v. City Centre Sdn Bhd (In Liquidation) ("the CTK's Appeal").

(b) Civil Appeal No: W-02(IM)-286-2010

(1) Equiticorp Holdings Ltd (In Statutory Liquidation)

(2) Equiticorp Financial Services Ltd (In Statutory Liquidation) v. City Centre Sdn Bhd (In Liquidation) ("the Equiticorp Appeal").

(c) Civil Appeal No: W-02(IM)-287-2010

United Securities Sdn Bhd (In Liquidation) v. City Centre Sdn Bhd (In Liquidation) ("United Securities Appeal").

[2] Since the issues raised in all the three appeals are common to one another, they were heard togeth

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top