JUDGMENT

Alwi Abdul Wahab JCA

Introduction

[1] This appeal concerns the decision of Johor Bahru High Court given on 26 June 2023 in allowing the 1st respondent's application to remove the 2nd appellant as a liquidator of the 1st appellant.

[2] We heard the appeal on 17 October 2024 and thereafter adjourned our decision to deliberate on the arguments advanced by the parties.

[3] Having done so, we hereby give our decision below including the grounds thereof.

Background facts

[4] The 2nd appellant, Jayapalasingam a/l Kandiah was appointed as the liquidator of the 1st appellant, Majidee Park Auto Spares & Services Sdn Bhd ("the Company") pursuant to the Winding-Up Order granted on 1 February 2021.

[5] The 1st and 2nd appellants shall be collectively referred to herein as "the appellants" unless specified otherwise.

[6] The 1st respondent, N Thanavathy a/p Rajah was one of the directors of the Company. The other directors are Punithavathy a/p N Rajah and Somas Kanda Rajah.

[7] As a result of the removal of the 2nd appellant as the liquidator of the Company, the High Court appointed the Director General of Insolvency (the 2nd respondent) as the Official Receiver.

The High Court 's Decision

[8]