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HIGH COURT SABAH & SARAWAK SIBU
LAW CHOON KING & ANOR – Appellant
Versus
WONG CHING YONG & ANOR (ENCL 6) – Respondent
| Table of Content |
|---|
| 1. applicants seek leave to sue liquidator for legal fees. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's leave necessary to file suit against liquidators. (Para 9 , 10 , 11 , 12) |
| 3. claims must be against the company, not liquidator. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. court dismisses motion; costs awarded to respondent. (Para 22) |
The Application
[1] The applicants, the former directors of Lau Tiong Ik Construction Sdn Bhd (the Company), are seeking leave of the court to commence legal proceedings against Wong Ching Yong, the liquidator of the company for the sum of RM336,000.00.
The Brief Backgrounds
[2] The Company was wound up on 23 August 2013 following a petition by Lau Choon Liang (deceased) and his son Lau Chai Kung who were also the shareholders and contributories of the company.
[3] The respondent was court-appointed liquidator for the winding-up of the company.
[4] Following a police report lodged by Lau Choon Liang (deceased) then in 2012 alleging financial misconduct by the applicants during their tenure as directors, the applicants were charged in 2015 with criminal breach of trust. They were acquitted of all charges in 2018.
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