SAP Holdings Berhad (In Liquidation) v 1. ) Dato' Ler Cheng Chye 2. ) Lum Tuck Cheong

ba-28pw-77-04-2024 High Court (Mahkamah Tinggi) 1 December 2025 • BA-28PW-77-04/2024

Catchwords

Post Winding Up Application – Liquidators’ remuneration – Withdrawal of remuneration without Committees of Inspection’s approval - Whether the Respondents were entitled in law to withdraw remuneration from SAP’s assets without approval under Section 232(3) Companies Act 1965 / Section 479(2) Companies Act 2016. - Whether their conduct, viewed cumulatively, amounts to misfeasance or breach of duty requiring restitution under Sections 277 Companies Act 1965 / Sections 510, 541–542 Companies Act 2016 - Whether misfeasance is established - Payments were made to a company in which both Respondents held personal interests - timing of the withdrawals - Invoices and time-cost documents were generated only years later - No attempt to obtain sanction from creditors or the Court - Section 479(2), 510, 541, 541 of Companies Act 2016.

Practice Areas

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (3)

SAP Holdings Berhad (In Liquidation) Applicant Dato' Ler Cheng Chye Respondent Lum Tuck Cheong Respondent

Judgment

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Read on eJudgment

Source: eJudgment (ba-28pw-77-04-2024)