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

Liquidator Sanction

Santion from Liquidator Required

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

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.

Sanction has no retrospective effect

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

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Bizboard act as independent adviser to ensure the process is conducted in proper order and in accordance to the relevant laws and regulations. Our highly qualified team have worked throughout various cases in different industries and have an extensive knowledge of business and the impact on stakeholders when a company faces financial distress.

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