JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] Before the court is an application by an individual creditor of a company in liquidation seeking disclosure of documents and the formation of a committee of inspection. The application concerns a liquidation that has persisted for over two decades since the winding up order was made in 2004, involving a commercial development project where fundamental issues regarding land amalgamation and the formation of a Joint Management Board remain unresolved.

[2] The application arises from a protracted liquidation process where part of the development property was constructed on government land, creating complex impediments to completing the land amalgamation necessary for strata title issuance. The liquidator had entered into arrangements with a third party to act as a "white knight" to complete the development, but progress has been hampered by the requirement to acquire government land at substantial cost.

[3] The key legal issues before the court encompass the proper statutory framework governing applications against court-appointed liquidators under the transitional provisions between the Companies Act 1965 and Companies Act 2016; the mandatory procedural requirement of obtaining leave from the Winding Up court before commencing proceedings against liquidators; the scope of document disclosure rights and interaction with data protection laws; and the circumstances under which a committee of inspection may be formed contrary to an existing court order that specifically appointed liquidators without such oversight.

[4] The matter raises fundamental questions about the balance between creditor rights to information and oversight against the protective framework established to ensure orderly liquidation proceedings free from unnecessary interference.

Background Facts

[5] Atlas Corporation Sdn Bhd (Company No: 275578-T) ("Atlas") was the original proprietor of lands held under title particulars Lot 4096 & 4099 Geran No 5990, Lot 2508 & 2509 Geran No 15352, PT No 2510 & 2511 HS (D) No 60799 and Lot No 5214 HS (D) 99424 all in Mukim of Kuala Lumpur, Negeri Wilayah Persekutuan (collectively referred to as "the Lands"). Atlas was the developer of Plaza Pantai Development, later renamed as Bangsar Trade Centre ("BTC"), situated on the Lands. The development comprised a commercial project consisting of multiple office towers, retail podium and an integrated transportation hub in Kuala Lumpur.

[6] The development project was designed to consist of Block A (20 storeys), Block B (19 storeys), Block C (18 storeys), Block D (17 storeys), Block E (17 storeys) and Block F (30 storeys), together with a retail podium and 3 levels of underground carparks and an LRT station. Save for Lot No 5214, the other Lands were charged and secured in favour of Malaysian Building Society Berhad ("MBSB").

[7] On 20 February 2004, Atlas was wound up pursuant to Winding-Up Petition No D7-28-946-2003 in the Kuala Lumpur High court. Chong Tet On and Chong Kwong Chin of Messrs Moore Stephens were appointed as the provisional liquidators of Atlas.

[8] On 3 September 2004, through the High court Order dated 3 September 2004 ("2004 Order"), Mak Kum Choon and Taufiq Ahmad @ Ahmad Mustapha Bin Ghazali were appointed as the joint and several liquidators of Atlas without a committee of inspection.

[9] On 12 October 2005, through a High court Order, the liquidators of Atlas were granted additional powers which were necessary to manage, maintain and operate Plaza Pantai in the interim, and were allowed to carry on the business of Atlas.

[10] At the time of winding up, Atlas had completed Blocks A, B and C. Block D was completed up to Level 5, whilst Blocks E and F were completed up to the podium level, together with retail units and 3 levels of underground carparkss.

[11] On 12 October 2005, MBSB proceeded to apply and obtain leave of the Winding Up court to commence foreclosure proceedings over the charged Lands.

[12] On 8 September 2010, the liquid