7 Jul 2020
RINOTA CONSTRUCTION SDN BHD 1. MASCON RINOTA SDN BHD 2. MASCON SDN BHD 3. YEOH SEK PHIN 4. OLYMPIA INDUSTRIES SDN BHD 5. DATO' YAP YEONG SEONG 6. YAP WEE KIAT 7. MASCON CONSTRUCTION SDN BHD
- Citation
- W-02(IM)-1481-08/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)-1481-08/2019 (Mahkamah Rayuan)
The High Court erred by applying a literal interpretation; a purposive approach shows the accountant's appointment sought is coherent with and necessary to give effect to the Buy Out and Accountant Orders and does not alter their essence; 'liberty to apply' is implied; the High Court's refusal was appealable as it effectively disposed of the appellant's right to obtain the buyout remedy; appeal allowed and High Court order set aside and replaced with order in terms of the appellant's application.