IS LEAVE OF COURT REQUIRED WHEN THERE IS AN AD-INTERIM STAY OF THE WINDING-UP ORDER? In Piminik Capital Sdn Bhd v. Akay Holdings Sdn Bhd, prior to the Plaintiff filing its Writ of Summons on 30.5.2022, there was an ongoing winding-up proceedings taken against the Defendant in the High Court.  On 7.1.2022, an Ex-Parte Order was granted by the Winding Up Court wherein 2 approved liquidators were appointed as interim liquidators of the Defendant pending the hearing of the Winding Up Petition (‘the Ex Parte Order’). The Defendant had subsequently filed an application to set aside the Ex Parte Order to the Winding Up Court (‘the Setting Aside Application’). Pending the hearing of the Setting Aside Application, the Defendant had, on 23.2.2022, obtained an ad interim order to stay the Ex Parte Order. At the time the Plaintiff filed this action against the Defendant on 30.5.2022, the Ad Interim Stay Order was still in effect. So, is the suit a nullity? The answer is “No”. No, leave of court is required when the suit was filed during the validity period of the Ad-interim Stay Order. #justinwee #corporatelitigation #insolvencylaw #liquidation #interimliquidation #stay