LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In Members' Voluntary Liguidation)) Tujuan Management Consultants Sdn. Bhd.

aa-24ncvc-514-10-2024 High Court (Mahkamah Tinggi) 20 January 2025 • AA-24NCvC-514-10/2024

Catchwords

Company Law — Winding-up — Action against company under members’ voluntary liquidation — Whether leave of court required — Section 451(2) of Companies Act 2016 — Section 263(2) of Companies Act 1965 — Whether proceedings commenced without leave are procedurally defective — Rationale for requiring leave — To prevent overlapping claims and protect company assets — Whether Plaintiff’s application filed with malice — Vexatious and abuse of court process — Whether online meeting valid — Section 327 of Companies Act 2016 — Whether Liquidator’s statutory powers override company’s Articles — Rule 118 of Companies (Winding-Up) Rules 1972 — Whether Liquidator may chair meeting.

Practice Areas

Company Law

Judges (1)

Moses Susayan Delivered

Parties (2)

Khoo Chooi Thuan Respondent Loh Siew Choong Applicant

Case Significance

LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In... is a High Court (Mahkamah Tinggi) decision dated January 20, 2025 (citation: aa-24ncvc-514-10-2024). The case was decided by Moses Susayan.

What was the outcome of LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In...?

LOH SIEW CHOONG v Khoo Chooi Thuan (Liquidator, Lohman Holdings Sdn. Bhd. (In... is a High Court decision dated January 20, 2025. The case was heard by Moses Susayan. See the full judgment for details.