12 Sept 2022
PEMPETISYEN Eldarius Yong Zhen Jie for the Petitioner [Messrs Chellam Wong] Sara Idylla binti Isbah for the Respondent [Messrs Ahmad Rizal, Sara Idylla & Co.]
- Citation
- WA-28NCC-229-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28NCC-229-03/2022 (Mahkamah Tinggi)
Petitioner has locus to commence under s465(h) and (k) but failed to prove that the Trust Deeds are illegal in a way that bears sufficient nexus to the company’s business or incorporation; Petronas had knowledge of share arrangements and made no adverse finding; delay was not inordinate sufficient to bar the petition; given absence of demonstrated illegality related to the company’s objects and availability of alternative remedies, winding up is not just and equitable and the petition is dismissed with costs.