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COURT OF APPEAL PUTRAJAYA
MAJIDEE PARK AUTO SPARES & SERVICES SDN BHD & ANOR – Appellant
Versus
N THANAVATHY RAJAH & ANOR – Respondent
| Table of Content |
|---|
| 1. appeal concerning liquidator's removal (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. high court's reasons for liquidator removal (Para 8 , 9) |
| 3. respondent's preliminary objections (Para 10 , 11 , 12) |
| 4. validity of removal based on license status (Para 14 , 15 , 16 , 17) |
| 5. support for application to remove liquidator (Para 18 , 19 , 20 , 21) |
| 6. notice requirement for removal applications (Para 36 , 37 , 38 , 39) |
| 7. liquidator's duty and promptitude in actions (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
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 202
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