BADAN PENGURUSAN BERSAMA LINGKARAN MAJU v ASM DEVELOPMENT SDN. BHD.
Catchwords
Stakeholder Account – Release of Stakeholder Funds Post-Adjudication – Whether sums held in a stakeholder account pursuant to interlocutory orders should be released to the petitioner following the dismissal of the respondent’s challenge. Section 469(1)(c) CA 2016 - Scope of Judicial Powers under Section 469(1)(c) CA 2016 – Whether the High Court may direct the release of funds to a creditor in a winding up petition without exceeding its jurisdiction under Section 469. Effect of Pending Appeals on Tribunal Awards – Whether a pending appeal against the High Court’s dismissal of a challenge to tribunal awards affects the enforceability of those awards in winding up proceedings. Distinction Between Creditor Petitions and Shareholder Disputes Whether the principles in See Teow Guan v Kian Joo Holdings apply to creditor-initiated winding up petitions based on judgment debts.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-28ncc-219-03-2024)