HIGH COURT SABAH & SARAWAK SANDAKAN
YAP LAI SENG – Appellant
Versus
HIGH-ON INDUSTRIES SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. company is a quasi-partnership with a dormant status. (Para 1 , 4 , 5) |
| 2. shareholder responsibilities and financial obligations must be substantiated. (Para 6) |
[1] By a Petition dated 11 March 2014, the Petitioner prayed that the 1st Respondent company be wound up by the court under s 218 of the Companies Act ( CA ). The Petitioner did not plead or refer to any specific section or provision under s 218 of to wind up the 1st Respondent. The 2nd Respondent submitted that the petition only averred that there was a quasi-partnership and there was a dead lock and these are the only two grounds set out therein. The 2nd Respondent is opposing the application. However the Petitioner has set out several grounds to wind up the 1st Respondent, including in para 22xvi that it would be just and equitable to wind up the company. This is under s 218(1)(i) of .
[2] Prior to trial, there were attempts at mediation and settlement between the parties but failed. The parties have filed a bundle of pleadings, agreed facts and agreed issues for trial. The parties have also filed a joint bundle of documents for the trial. The parties have agreed to the authenticity of the document
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