JUDGMENT

Hazizah Kassim JC:

Introduction

[1] Enclosure 79 is an application by the applicant to convert Originating Summons into a Writ under O 28 r 4 and O 28 r 8 of the Rules of 2012. On 20 November 2024, the application was dismissed by this Court . Hence, the applicant filed an appeal to the Court of Appeal.

Background

[2] The applicant had filed Originating Summons against the respondents on 10 November 2023 and had prayed as follows:

i. The 1st respondent be dismissed and removed as the receiver of TSA Land Sdn Bhd (In Receivership) (In Liquidation);

ii. Both the respondents are prohibited from disposing of the assets of TSA Land Sdn Bhd (In Receivership) (In Liquidation);

iii. Any encumbrances entered and/or imposed by the 2nd respondent on the TSA Land Sdn Bhd (In Receivership) (In Liquidation) be declared null and void; and

iv. The 2nd respondent to take any necessary action to discharge the lands of TSA Land Sdn Bhd (In Receivership) (In Liquidation).

[3] The land held under Geran HS(D) 19463, PT 4612, Mukim Setapak, District of Gombak, Selangor Darul Ehsan, measuring approximately 28,327.068 square metres (the Land) was owned by Melawati Recreation Berhad. On 9 October 2006, M