1. ) Edward Kuruvilla for the 1st Respondent [Messrs Kuruvilla, Yeoh & Benjamin] 2. ) Gavin Jay Anand Jayapal and Tanusha for the 2nd Respondent [Messrs Gavin Jayapal] LAIN-LAIN Gan Khong Aik and Kang Mei Yee for the Petitioner [Messrs Gan

1. ) Edward Kuruvilla for the 1st Respondent [Messrs Kuruvilla, Yeoh & Benjamin] 2. ) Gavin Jay Anand Jayapal and Tanusha for the 2nd Respondent [Messrs Gavin Jayapal] LAIN-LAIN Gan Khong Aik and Kang Mei Yee for the Petitioner [Messrs Gan

The applications to strike out and for interim stay were dismissed because the respondents failed to show the Petition was obviously unsustainable; the Petition discloses some cause of action and prima facie grounds for winding up exist on several factual matters which must be determined at the full hearing.

Citation
COMPANIES (WINDING-UP) NO: WA-28NCC-611-09/2021 (Mahkamah Tinggi)
Parties
Petitioner: Keen Solution Sdn Bhd; 1st Respondent: Le Apple Boutique Hotel (KLCC) Sdn Bhd; 2nd Respondent: Le Apple Boutique Hotel Sdn Bhd
Court
WINDING-UP
Jurisdiction
Malaysia
Judgment Date
3 November 2021
Case Number
COMPANIES (WINDING-UP) NO: WA-28NCC-611-09/2021 (Mahkamah Tinggi)
Procedural Posture
Companies (winding Up) / Interim Applications to Strike Out and Stay; Winding Up Petition Pending Full Hearing
Outcome
Applications in Enclosure 14 and Enclosure 21 dismissed; winding-up Petition to proceed to full hearing
Legal Topics
Winding Up, Striking Out, Interim Liquidator, Abuse of Process, Collateral Proceedings, Shareholder Dispute
Source Language
Malay/English
Company Law Insolvency Civil Procedure Winding Up Striking Out Interim Liquidator Abuse of Process Collateral Proceedings +1 more

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Parties

Keen Solution Sdn Bhd

Petitioner

Le Apple Boutique Hotel (KLCC) Sdn Bhd

1st Respondent

Le Apple Boutique Hotel Sdn Bhd

2nd Respondent

Procedural Posture

Companies (winding Up) / Interim Applications to Strike Out and Stay; Winding Up Petition Pending Full Hearing

Legal Issues

  1. 1 Whether the winding up petition is an abuse of court process/collateral to other litigation
  2. 2 Whether prima facie grounds for winding up exist (stalemate, insolvent, cessation of business, concealment of affairs)
  3. 3 Whether there is a link between the Petitioner and third parties (PGCG, Dato Wong) justifying striking out

Ratio Decidendi

The applications to strike out and for interim stay were dismissed because the respondents failed to show the Petition was obviously unsustainable; the Petition discloses some cause of action and prima facie grounds for winding up exist on several factual matters which must be determined at the full hearing.

Court Disposition

Applications in Enclosure 14 and Enclosure 21 dismissed; winding-up Petition to proceed to full hearing

Orders

  • Dismiss Enclosure 14 (application by 2nd Respondent) with costs in the cause
  • Dismiss Enclosure 21 (application by 1st Respondent) with costs in the cause