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2025 MarsdenLR 2499

HIGH COURT MALAYA KUALA LUMPUR
GLOBAL MARINER OFFSHORE SERVICES SDN BHD & ORS – Appellant
Versus
TH HEAVY ENGINEERING BERHAD – Respondent


Table of Content
1. directors' authority post-liquidation is contested. (Para 1)
2. company's financial and liquidation process history. (Para 2 , 3 , 4 , 5 , 6)
3. directors argue for residual powers despite cvl. (Para 22 , 24 , 25)
4. directors do not retain powers to oppose petition. (Para 45 , 56 , 58)
JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] Before the court is an application by the directors of a company under Creditors' Voluntary Liquidation, seeking determination of whether they retain "residual powers" to oppose a petition that would convert the voluntary liquidation to a court-supervised one. The application raises fundamental questions about the scope of directors' authority following the commencement of liquidation proceedings, particularly where the company is already under the control of a court-appointed Interim Liquidator. Central to this dispute is the directors' contention that despite having initiated the voluntary liquidation process, they retain residual powers to oppose the conversion petition, a position vigorously contested by the petitioning creditors who argue that such powers ceased upon the commencement of liquidation.

Salient Facts Of The Case

[2] The Responde

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