Ramly Ali J:

[1] Enclosure 58 is an application under s 232 of the Companies Act 1965, by a contributory and former director of the 1st Respondent Company (Mr Ong Say Lam) to remove Mr Lim Tian Huat from his office as Liquidator of the 1st Respondent Company ie, Palmshine Plaza Sdn Bhd and to appoint the Official Liquidator in his place.

Factual Background

[2] This is the 4th application by the applicant against the Liquidator The 1st application concerns an application for leave to commence legal action against HSBC ("the 1st application"). The 2nd application was to seek an order to set aside the sale of Land ("the 2nd application"). The 3rd application relates to disclosure of documents ("the 3rd application").

[3] In respect of the 1st application, the Liquidator undertook an objective and professional assessment of the alleged claim put forward by the applicant against HSBC. He was not prepared to prosecute the action. Nevertheless, if the applicant wanted to commence the action in the name of the company, the terms of indemnity had to be settled. This was the usual and proper approach in such circumstances. An order was thereafter made by this Court in that direction.

[4]