Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

SuperOne Sdn Bhd obtained a loan of RM1 million from Best Bank Bhd in January 2019. This loan was secured by a fixed charge on

SuperOne Sdn Bhd obtained a loan of RM1 million from Best Bank Bhd in January 2019. This loan was secured by a fixed charge on the company's office premises.However, due to an oversight, the charge was not registered as required under the Companies Act 2016. In March, the company borrowed RM100,000 from Max, an unsecured creditor. The company then borrowed RM500,000 from TenTen Bank Bhd in August 2019, and gave to the bank, as security for the loan, a debenture securedby a floating charge over its inventory, and this charge was immediately registered.SuperOne Sdn Bhd subsequently suffered financial problems. In September 2019, a creditor presented a petition for the winding up of the company. The winding up order was granted by the court in January 2020.

Advise the liquidator of the company:

i)On the priority rights of the creditors.(15 marks)

ii)Whether the validity of any of the charges can be challenged.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intellectual Property Law Text Cases And Materials

Authors: Tanya Aplin, Jennifer Davis

4th Edition

0198842872, 978-0198842873

More Books

Students also viewed these Law questions

Question

Find the median for the set of measurements 2, 9, 11, 5, 6, 27.

Answered: 1 week ago