1. ) Khoo Siew Kiat (in their capacity as Liquidators of FX Cloud Sdn. Bhd. (In Liquidation) 2. ) Goh Hua Yang Eddie (in their capacity as Liquidators of FX Cloud Sdn. Bhd. (In Liquidation) v FX CLOUD SDN. BHD. (IN LIQUIDATION) PIHAK TERKILAN Lam Hai Shuan

ba-28pw-148-07-2024 High Court (Mahkamah Tinggi) 19 February 2025 • BA-28PW-148-07/2024

Catchwords

Post Winding Up – Application by Liquidator to compel Submission for Statement of Affairs of former director of the company– Submission for Statement of Affairs by former Director of Company before liquidation of company – Whether a former director can be compelled to submit a Statement of Affairs – Whether the liquidators’ request and application were procedurally proper – Whether the former director status as a nominee director or his claimed lack of information relieves him of the obligation - Inherent Jurisdiction of Court - Section 461 Companies Act – Section 484 Companies Act 2016 – Order 92 Rule 4 Rules of Court 2012 – Form 17 of Companies (Winding-Up) Rules 1972

Practice Areas

Company Law Civil Procedure

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (4)

FX CLOUD Sdn Bhd. (IN LIQUIDATION) Respondent Goh Hua Yang Eddie (in their capacity as Liquidators of FX Cloud Sdn Bhd. (In Liquidation) Applicant Khoo Siew Kiat (in their capacity as Liquidators of FX Cloud Sdn Bhd. (In Liquidation) Applicant Lam Hai Shuan Aggrieved Party

Judgment

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Source: eJudgment (ba-28pw-148-07-2024)