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2021 MarsdenLR 3561

HIGH COURT MALAYA KUALA LUMPUR
AGESON ENTERPRSIE SDN BHD – Appellant
Versus
LKD TRADING SDN BHD (IN LIQUIDATION) (ENCL 1) – Respondent


Petitioner Advocates:Mohd Izzul Faris Mohd Ghani,Sandra Tan Xue Qi ,Respondent Advocate: Sachpreetraj Singh Sohanpal,Arun Ganesh Boopalan

JUDGMENT

(Enclosure 1)

Nadzarin Wok Nordin JC:

[1] In the Notice of Motion dated 19 May 2021 in encl 1 (Motion), the Applicant has applied pursuant to O 18 r 19 (a)(b) (c) and (d) of the Rules of 2012 and the inherent jurisdiction of this Court for inter alia the following orders:

1.1 that the Notice of Application dated 1 March 2021 filed vide Kuala Lumpur High Court Winding Up No WA-28PW-68-03/2021 be struck out and/or dismissed without liberty to file afresh

1.2 that the Notice of Application dated 3 May 2021 filed vide Kuala Lumpur High Court Winding Up No WA-28PW-128-03/2021 be struck out and/or dismissed without liberty to file afresh

1.3 the costs be borne by the joint liquidators of the Respondent Company (Company) Dato Ler Leng Chye and Lum Tuck Cheong (Joint Liquidators) personally whether jointly and /or severally on an indemnity basis

1.4 interest of 5% on the costs awarded

1.5 exemplary damages to be assessed against the Respondent

1.6 in the alternative, exemplary damages against the Joint Liquidators of the Company personally

[2] The grounds in support of the Motion are amongst others:

(i) the Anton Pillar Order was obtained Ex Parte against the Applicant on 16 March 2021 and


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