Messrs. Kassim Tadin, Wai & Co v Shencourt Properties Sdn Bhd (in Liquidation) (WA-28PW-750-12/2024)

1.

MAY DE SELVA A/P JOHN DE SILVA … PETITIONERS SHENCOURT PROPERTIES SDN BHD (Company No: 245996-T) … RESPONDENT

MESSRS. KASSIM TADIN, WAI & CO (A Firm)

MESSRS. A J ARIFFIN YEO & HARPAL (A Firm) ... APPLICANTS CHAI FOOK CHONG (NRIC NO.: 400721-10-5375) … AGGRIEVED PARTY

These Grounds concern my decision on an application filed by way of Encl 1 (as amended to Encl 23) to reverse the decision of the current liquidator of the Respondent (“Shencourt”) in S/N zGq5Aw0sCkiH/u7sSi3wWw finding that the legal fees of the solicitors of the liquidator (Kassim Tadin and AJ Ariffin) incurred in the course of winding up, were not conferred priority over other creditors.

I granted prayer 1 of Encl 23 and set aside the OR’s decision of 21.06.2024 with no order as to costs.

In short, I held that post-liquidation legal fees authorised on the instructions of the liquidator and which contribute to and benefit the estate, are preferential payable in priority to the other unsecured creditors of the company, whether under s. 292(1)(a) or under the Salvage principle in insolvency under common law or in equity.

The Grounds of Judgment of this previous decision was published at Hew Kiang Hoe & Anor v Shencourt Properties Sdn Bhd (Messrs Kassim Tadin, Wai & Co (A Firm) & Anor, applicants) (Chai Fook Chong, aggrieved party) [2025] MLJU 4246 (“Grounds 1”).

The abbreviations and acronyms used in Grounds 1 are adopted herein.

Kassim Tadin issued seven (7) invoices between 30.11.2017 and 21.01.2019, totaling RM1,768,000.00. The 2nd Applicant, AJ Ariffin, issued a consolidated invoice dated 03.12.2018 in S/N zGq5Aw0sCkiH/u7sSi3wWw the sum of RM6,000,000.00. These invoices were not disputed by the liquidators.

Given that the invoices were outstanding for a long period of time, on the request of Counsel for the Applicants and with the consent of the OR, I ordered that the invoices be paid within 30 days.

At a case management on 18.11.2025, I was informed by the OR that the OR was unable to pay the bills within the time stated. With the consent of Counsel for the Applicants and the OR, I extended the time for payment until 21 days after the disposal of W-02(A)-658-04/2024.

It was from this order extending time that this appeal was filed under Encl 50. Dated the 27th day of December 2025 ..........................tt............................ YA TUAN SAHERAN SUHENDRAN JUDICIAL COMMISSIONER OF THE S/N zGq5Aw0sCkiH/u7sSi3wWw HIGH COURT (COMMERCIAL 11) (INSOLVENCY 2) OF KUALA LUMPUR IN THE TERRITORY, MALAYSIA Case References: • Hew Kiang Hoe & Anor v Shencourt Properties Sdn Bhd (Messrs Kassim Tadin, Wai & Co (A Firm) & Anor, applicants) (Chai Fook Chong, aggrieved party) [2025] MLJU 4246 Decision Date: 18th November 2025. Counsel for the Applicants: Solicitors: Ivanpal Singh Grewal, Datin Harwinder Kaur, Darren Tay & Keshvinder Kaur Messrs. Collin Goonting & Assoc. (Kuala Lumpur). Counsel for the Respondent: Aizatul Aina & Siti Mafuza Jabatan Insolvensi Malaysia Wilayah Persekutuan Kuala Lumpur (Kuala Lumpur) Counsel for the Aggrieved Party: Solicitors: Devan Narayanan Raman Messrs. Devan & Assoc. (Kuala Lumpur) S/N zGq5Aw0sCkiH/u7sSi3wWw