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2017 MarsdenLR 260

HIGH COURT MALAYA KUALA LUMPUR
CHAI YUNG FEI – Appellant
Versus
METO STEEL SDN BHD & ORS – Respondent


Petitioner Advocates:CM Owee,Erin Woong ,Respondent Advocate: CH Tan

Table of Content
1. petitioner initiated winding-up on equitable grounds. (Para 1 , 3 , 4 , 5 , 7 , 19)
2. extrinsic relationships influence corporate wind-up petitions. (Para 6)
3. court's discretion in appointing provisional liquidators. (Para 10 , 12 , 22)
4. criteria for appointing provisional liquidators based on evidence. (Para 14 , 21)
5. judicial discretion must assess prima facie evidence for intervention. (Para 15)
6. existence of deadlock justified provisional liquidator appointment. (Para 24 , 28)
7. identification of deadlocks and suspicious transactions is critical. (Para 30)

[1] The petitioner Chai Yung Fei commenced an action to wind up Meto Steel Sdn Bhd on just and equitable grounds, pursuant to s 218(1)(i) of the Companies Act 1965 . He also applied, by way of notice of motion in encl 18, for a provisional liquidator to be appointed, pending disposal of the winding-up petition.

[2] I allowed the application for the appointment of a provisional liquidator. The reasons for this decision are recorded here.

Background Facts

[3] The background facts of this case, in so far as they were material to the disposal of the issue in dispute, are as follows.

[4] The company that is the

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