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HIGH COURT MALAYA SHAH ALAM
BRUNSFIELD OASIS SQUARE SDN BHD & ORS – Appellant
Versus
GOH SIEW CHIN & ORS – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the court under companies act (Para 1 , 2 , 3) |
| 2. ownership and management of properties owned by plaintiffs (Para 4 , 5 , 6 , 7 , 8) |
| 3. appointment and duties of receivers and managers (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. legal orders sought by the plaintiffs from the court (Para 22) |
| 5. statutory powers and obligations of receivers (Para 23 , 24 , 25 , 26) |
| 6. plaintiffs’ argument on defendants' duties (Para 27 , 28) |
| 7. defendants’ opposition and grounds (Para 29 , 30 , 31 , 32) |
| 8. court’s agreement with plaintiffs’ submissions (Para 33 , 34 , 35 , 36) |
| 9. court’s orders against defendants (Para 37 , 38) |
| 10. final orders made by the court (Para 39 , 40 , 41 , 42 , 43) |
Introduction
[1] The Plaintiffs initiated this Originating Summons, on 19 December 2023, against the Defendants named therein in their capacities as the Receivers & Managers of the Plaintiff Companies.
[2] The Plaintiffs' action is premised on s 383(2) and the Sixth Schedule of the Companies Act 2016 , on the ground that they are duty bound under the law to seek the reliefs in this case to protect the Debenture Holders - which in this case i
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