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2015 MarsdenLR 1835

HIGH COURT SABAH & SARAWAK KOTA KINABALU
LAI CHENG OOI – Appellant
Versus
NASLEI ENTERPRISE SDN BHD & ANOR – Respondent


Table of Content
1. application to challenge liquidator's decisions. (Para 1)
2. background facts relevant to the case. (Para 2 , 3 , 4)
3. reliefs sought by the applicant. (Para 5 , 6)
4. discussion on locus standi and statutory standing. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
5. objections raised on leave requirements. (Para 17 , 18 , 19 , 20)
6. conclusion and dismissal of the application. (Para 22)
Ravinthran Paramaguru J:

Introduction

[1] This is an application by way of Originating Summons to challenge the decision of the Official Receiver who was appointed as the liquidator of a company that had been wound up. The decision of the Official Receiver was made in the course of administering the affairs of the said company. In the intitulement or the body of the Originating Summons or the affidavit in support, the applicant did not state under what rule or statute, this court is being moved to grant relief. However, in the written submissions, counsel for applicant stated that the application is grounded upon s 279 of the Companies Act 1965 .

Background Facts

[2] The background facts relate to the business affairs of the late Lee Tain Tshung @ Lee Tain Chiung. He held 60 per

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