[1] Enclosure 1 is a petition filed under s 181 of the Companies Act 1965 for, inter alia, an order that the second respondent, Chew Khoon Aik, shall purchase the entire 7% shareholding of the petitioner in Wings Logistic Sdn Bhd or in the alternative that it be wound up.

Mode Of Commencement

[2] Before dealing with the merits of the petition, there is a preliminary procedural point that needs to be addressed.

[3] This petition was filed on 7 January 2013, whereas the Rules of 2012 ('the ROC') came into force on 1 August 2012. Hence, the applicable procedural rules are the ROC. The ROC is in pith and substance an amalgam of the Rules of the Subordinate 1980 and the Rules of the High 1980.

[4] However, it has made substantial changes to the adjectival law in Malaysia, in particular (but not limited to) to the modes of commencement of actions. Under the ROC parties are to file their actions either by way of writ or originating summons, unless it is one of the matters that falls under Appendix C to the ROC. The present action however, was filed by way of petition instead of the mode as prescribed by the ROC.

[5] At the outset, I drew the attention of counsel to O 5, O 88 and O 94 and Ap