Brookes Sdn. Bhd. ("the Company") is a car manufacturer in Shah Alam. It also provides hire purchase of equipment to some of its customers. The Company consists of

James, the director of the Company, holding 40% shares of the Company; Mary, the wife of James who is also the director and shareholder of the Company with 30 % shareholding; and

Mann, the shareholder of the Company with 30% in ratio. In March 2020, the Bank provided RM 100,000.00 finance to the Company and took a charge under which the Company purported to charge the benefit of certain hire purchase agreements in favour of the HSBC Berhad.

The Company owns 2 pieces of land with 3-storey buildings erected thereon identified as No. 2 & No. 4 Jalan Car, 50000 Shah Alam, Selangor. On February 2021, the property identified as No. 2 is charged to the Orient Bank for a loan of RM 5,000,000.00.

Due to some financial constraints the company was unable to pay the employees' salaries for December 2021. Two of their directors agreed to give loan to the company for that purpose.

a) Discuss the priority of the above creditor in the event the company winds up. b) You are one of the directors in the Company, what kind of assets do you think is the best option for the creation of a charge other than the hire purchase agreement? State your justifications.

*Answer according to Malaysian Company Act, 2016.