17 Dec 2020
TAN KEEN KEONG @ TAN KEAN KEONG TAN ENG HONG PAPER & STATIONERY SDN BHD & 4 Lagi
- Citation
- 02(f)-5-02/2017(P) & 4 Kes Berkaitan (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-5-02/2017(P) & 4 Kes Berkaitan (Mahkamah Persekutuan)
The Federal Court set aside the High Court winding-up orders because the findings of illegality and statutory contraventions were not established with sufficient evidential support or nexus to the companies' corporate objects, the petitioner and key witnesses lacked credibility and the petitions were an abuse/for a collateral purpose; the court must be slow to wind up solvent companies for alleged director misconduct where alternative remedies and criminal or tax processes exist and proportionality and statutory purpose do not support dissolution.