21 Mar 2022
David Thomas Matthews, Tina Ann Francis and Jason Tan Jen Hua for the Petitioner in the Petition and the 1st Defendant in the Originating Summons and mentioning on behalf of Amanah Raya Berhad as personal presentative representing the 5th R
- Citation
- SAMAN PEMULA NO. WA-24NCC-387-09/202 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- SAMAN PEMULA NO. WA-24NCC-387-09/202 (Mahkamah Tinggi)
The OS for a Fortuna injunction was dismissed because the petition had already been advertised/gazetted and no preservable status quo or irreparable harm was established, and the OS was an abuse aimed at altering board composition; conversely the petition for winding up succeeded on just and equitable grounds because there was a complete and irretrievable breakdown of trust and confidence among key shareholders and directors making continued co-existence impossible, therefore winding up and appointment of a liquidator was ordered with specified costs.