1. ) 1. Mission Fairway Sdn Bhd (No. Syarikat: 637023-X) 2. ) 2. Koe Liew Hin 3. ) 3. Ong Mooi Hong 4. ) 4. Koe Wai Sheong LAIN-LAIN 1. ) 1. Ong Kim Choo 2. ) 2. Koe Chung Beng 3. ) 3. Koe Chong Hooi

1. ) 1. Mission Fairway Sdn Bhd (No. Syarikat: 637023-X) 2. ) 2. Koe Liew Hin 3. ) 3. Ong Mooi Hong 4. ) 4. Koe Wai Sheong LAIN-LAIN 1. ) 1. Ong Kim Choo 2. ) 2. Koe Chung Beng 3. ) 3. Koe Chong Hooi

Application for appointment of an interim (provisional) liquidator dismissed because the petition did not disclose a good prima facie case that the company would be wound up under s465(1)(f) or (h); the allegations were unsubstantiated or explained, the company’s assets were not shown to be in jeopardy, the appropriate remedy for the complained conduct was oppression under s346 rather than winding-up, and the 1st petitioner lacked locus standi.

Citation
PA-28NCC-46-04/201 (Mahkamah Tinggi)
Parties
Petitioner: Ong Kim Choo; Petitioner: Koe Chung Beng; Petitioner: Koe Chong Hooi; Respondent: Mission Fairway Sdn Bhd; Respondent: Koe Liew Hin; Respondent: Ong Mooi Hong; Respondent: Koe Wai Sheong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-28NCC-46-04/201 (Mahkamah Tinggi)
Procedural Posture
Winding Up Petition (company) / Application for Interim (provisional) Liquidator Heard Inter Partes and Dismissed
Outcome
Application dismissed
Legal Topics
Interim/provisional Liquidator, Just and Equitable Winding Up (ebrahimi), Oppression Remedy Vs Winding Up, Locus Standi, Preservation of Assets
Source Language
Malay/English
Company Law Insolvency Law Equity Interim/provisional Liquidator Just and Equitable Winding Up (ebrahimi) Oppression Remedy Vs Winding Up Locus Standi Preservation of Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ong Kim Choo

Petitioner

Koe Chung Beng

Petitioner

Koe Chong Hooi

Petitioner

Mission Fairway Sdn Bhd

Respondent

Koe Liew Hin

Respondent

Ong Mooi Hong

Respondent

Koe Wai Sheong

Respondent

Procedural Posture

Winding Up Petition (company) / Application for Interim (provisional) Liquidator Heard Inter Partes and Dismissed

Legal Issues

  1. 1 Whether there was a good prima facie case that the company would be wound up under s465(1)(f) or (h)
  2. 2 Whether an interim/provisional liquidator should be appointed to preserve assets
  3. 3 Whether the petitioners had locus standi

Ratio Decidendi

Application for appointment of an interim (provisional) liquidator dismissed because the petition did not disclose a good prima facie case that the company would be wound up under s465(1)(f) or (h); the allegations were unsubstantiated or explained, the company’s assets were not shown to be in jeopardy, the appropriate remedy for the complained conduct was oppression under s346 rather than winding-up, and the 1st petitioner lacked locus standi.

Court Disposition

Application dismissed

Orders

  • Summons for appointment of interim/provisional liquidator dismissed