Estate of Lim Tuan & Others v Lim San Peen & Others
The appellants, contributories of Semantan Estate (1952) Sdn Bhd, appealed against the High Court's decision allowing the respondents (joint liquidators) to claim remuneration based on a mixture of fixed fees and percentage of assets realized. The Court of Appeal found that the High Court erred in allowing the application under sections 237(3) and 274 of the Companies Act 1965, as these sections do not cover remuneration issues in voluntary winding up. The appeal was allowed, and the High Court's order was set aside.
Overview
Case Number
W-02(NCC)(A)-1193-06/2017
Case Type
Civil - Company law
Court
Court of Appeal of Malaysia, Malaysia
Coram Judges
- Hamid Sultan bin Abu BackerDelivered Judgment
- Badariah binti Sahamid
- Mary Lim Thiam Suan
Related Proceedings
High Court
WA-24NCC-444-10/2016
High Court of Malaya at Kuala Lumpur
Court of Appeal
W-02(NCC)(A)-1193-06/2017
Court of Appeal of Malaysia
Subject Matter
Company lawLiquidators' remunerationVoluntary winding up