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2010 MarsdenLR 1474

HIGH COURT MALAYA, KUALA LUMPUR
GOH SWEE OH & ORS – Appellant
Versus
HENG JI KENG & ANOR – Respondent


Table of Content
1. court proceedings related to liquidation (Para 1 , 2 , 3 , 4 , 5 , 6)
2. shareholders' rights to challenge liquidator's remuneration (Para 7)
3. liquidator's entitlement to remuneration without prior court approval (Para 8)
4. validation of liquidator's remuneration based on duties performed (Para 9 , 10)
5. direct payment of costs to parties involved in the wind-up (Para 11)
6. approval of legal fees related to winding-up proceedings (Para 12 , 13)
7. court's order validating liquidator's expenses (Para 14)
Varghese George JC:

[1] The hearing before me involved two separate diametrically opposed applications which arose from two separate proceedings filed in court but which were commonly related to the liquidation of the same company. The applications centered around common issues of law and of facts and hence it was by consent heard together for purposes of expediency.

[2] The company in liquidation was one Fokas Perkasa Sdn Bhd ordered to be wound up by the court on 11 March 2004 in KL High court Companies (Winding-Up) No: D3-28-168-2003 on the petition presented by one Serampai Istimewa Sdn Bhd. The official receiver had been initially appointed by court to be liquida

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