JUDGMENT

(Enclosures 1 & 18)

Nadzarin Wok Nordin JC:

[1] There is before this court an application by the Petitioner, Yew Sheng Lin (Petitioner) being encl 18 (Application) for inter alia the Winding Up Petition (Petition) dated 5 August 2020 to be continued as if the cause had been begun by a Writ and the pleadings shall be delivered or that any Petition and/or affidavits shall stand as pleadings pursuant to O 28 r 8 of the Rules of 2012 (RC 2012) and O 92 r 4 of Rules of 2012.

[2] Amongst the grounds relied on for the Application is that:

(i) the affidavits of both parties filed in the Petition clearly shows the conflict of evidence and dispute of material facts which requires further inquiry by the court through a full trial;

(ii) issues that need to be addressed in the Petition and the affidavits require the hearing of oral evidence and cross examination of witnesses for both parties;

(iii) there are serious allegations made in that there are, among others, allegations of misappropriation of funds for the respondent company, KEB Oil & Gas Sdn Bhd (Respondent) and dishonesty in the issuance of false claims by the Petitioner, which require further inquiry by this court through a full