Biztalk-Corporate Recovery Series #13 Can a sanction by the Liquidator be applied retrospectively?

Corporate Advisory Services in Malaysia

When a company is placed in a liquidation/winding-up status, any legal action to be taken shall require sanction from the Liquidator or the Official Receiver as the case may be.

In the case of Lai King Lung & Anor v Merais Sdn Bhd, the sanction from the Liquidator was obtained subsequent to the Court application date and the sanction was stated as to take effect retrospectively.

The Apex Court held that the sanction has no retrospective effect. 

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