4 Mar 2021
Barry Goh together with Goh Jern Nie & Ahmeena Banu for the Respondent [Messrs Ahmeena Aziz & Partners] LAIN-LAIN RS Sodhi for the Petitioner [Messrs Sodhi Chambers]
- Citation
- PETITION NO. WA-26NCC-9-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PETITION NO. WA-26NCC-9-08/2020 (Mahkamah Tinggi)
The Rules of Court 2012, Appendix C, the Companies Act 2016 and the Companies (Winding-Up) Rules 1972 require winding up proceedings to be commenced and dealt with by petition; Order 28 r.8 cannot be used to convert a petition into a writ or to continue it as if begun by writ; accordingly the application to continue the petition as if begun by writ is dismissed, with costs, and conversion is legally impermissible. Additional basis: related pending suits would cause multiplicity of proceedings.