TAN KIM CHUAN v 1. ) TAN KIM TIAN 2. ) TAN BAN SENG (M) SDN BHD 3. ) PROPERLAND REALTY SDN BHD

02i-16-03-2021w Federal Court (Mahkamah Persekutuan) 21 September 2022 • 02(i)-16-03/2021(W)

Catchwords

Winding up - Disposal of property - Joint liquidators agreed to dispose of properties by way of right of first refusal to a director of company - Right of first refusal was offered and accepted based on valuation report - Liquidator obtained a proposal for properties priced at correct market value - Contributory not agreeable to offer made - Whether the decision of the Court under Section 487 (3) Act 777 (Section 237 (3) CA) is appealable - Whether court was entitled to order properties to be disposed of using a new method for disposal other than what was proposed by liquidators - Whether an objection by a contributory could halt decision of liquidator

Practice Areas

Judges (3)

Azahar bin Mohamed Delivered Hasnah binti Dato' Mohammed Hashim Coram Rhodzariah binti Bujang Coram

Parties (4)

PROPERLAND REALTY Sdn Bhd Respondent TAN BAN SENG Sdn Bhd Respondent Tan Kim Chuan Appellant Tan Kim Tian Respondent

Judgment

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Source: eJudgment (02i-16-03-2021w)