JUDGMENT

Azlan Sulaiman J:

[PRELIMINARY ISSUE AND STAY APPLICATION]

Introduction

[1] This Judgment is on the preliminary issue as to whether this action can be maintained when the Plaintiff, ("Gema Kukuh") filed it more than 5!4 years after it had been ordered wound-up ad was still in liquidation, on the instructions of one of its former directors and contributories and not by the appointed liquidator, and without any consent or sanction by the winding-up Court . This Judgment will also be on Gema Kukuh's application filed on 19 December 2025 to stay the proceedings in this action ("Stay Application").

Salient Facts

[2] On 20 December 2017, in Alor Setar High Court Winding-Up Petition No: 28-33-11/2-2016 filed by one of its creditors, Gema Kukuh was ordered wound-up, and the Official Receiver was appointed as its liquidator ("Winding-Up Order"). As Gema Kukuh had its registered and business address in Kedah and was wound-up on the order of the Kedah High Court , the Director of the Jabatan Insolvensi Malaysia Cawangan Kedah Darul Aman assumed the role of its liquidator ("Liquidator"). That Winding-Up Order still subsists and has neither been set aside nor stayed.

[3] On 27 August 2022