Ravinthran Paramaguru JCA:

Introduction

[1] This is an appeal against the dismissal of the appellants' application to remove the liquidator of a company that had been wound up. The learned High Court Judge did not hear the application on the merits but dismissed it on the sole ground that the appellants who claimed to be creditors failed to get the support of the other creditors.

Brief Background Facts

[2] The appellants in this case are Jagdis Singh a/l Banta Singh and Marvellous Existence Sdn Bhd. They filed an application under s 482(2) of the Companies Act 2016 to remove Mr Augustine a/l TK James as the liquidator of Return 2 Green Sdn Bhd. The company was wound up on 14 September 2012 at the instance of TSLK Enterprise Sdn Bhd (TSLK). The crucial claims in the affidavits to support the application are as follows.

[3] The first claim of the appellants is that they are creditors of Return 2 Green Sdn Bhd. The following facts were averred in the affidavit in support filed by Jagdis Singh a/l Banta Singh. He said that in 2010, Ramaness a/l Parasuraman who was a director of Return 2 Green Sdn Bhd asked him to avail an investment opportunity in the company. In taking up the off