Facts
High court decision
Court of Appeal decision
Key takeaways
Comment
In Sunrise Megaway Sdn Bhd (In Liquidation) v Kathryn Ma Wai Fong,(1) the Court of Appeal was tasked with deciding whether a liquidator’s decision to admit a proof of debt (POD) could be challenged. A ‘POD’ is a document which quantifies the sum owed to a creditor by a company, which is indispensable for the creditor to be able to claim the outstanding debt from the company in liquidation.
The appellant was a company within the WTK group, while the respondent was the petitioner. The appellant was wound up by a court order and a liquidator was appointed upon the winding-up order. Subsequent to the appellant’s winding up, one of the creditors and part of t…
Read the full article at: https://www.internationallawoffice.com/Newsletters/Litigation/Malaysia/Gan-Partnership/Challenging-a-liquidators-decision-to-admit-a-proof-of-debt