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HIGH COURT MALAYA KUALA LUMPUR
GREEN NATURE GRANDEUR SDN BHD & ORS – Appellant
Versus
COMPANIES COMMISSIONS OF MALAYSIA & ORS (NO 2) – Respondent
| Table of Content |
|---|
| 1. application to convert originating summons to writ. (Para 1) |
| 2. transaction and control over shares (Para 2 , 3 , 4 , 5 , 6) |
| 3. background of shares sale agreement and disputes. (Para 7) |
| 4. disputes concerning sale agreement validity (Para 12 , 19) |
| 5. legal basis for conversion of proceedings (Para 13 , 14 , 15 , 16 , 17) |
| 6. disputes regarding the existence and validity of the agreement. (Para 18) |
| 7. court structure for resolving disputes (Para 20 , 21) |
[1] This is an application by the Plaintiffs pursuant to O 28 r 8 of the Rules of 2012 to convert the Originating Summons dated 26 September 2017 to a writ. I had allowed the Plaintiffs' application. These are the full reasons for my decision.
Salient Background Facts
[2] The Plaintiffs contend that on 19 January 2005, the 1st Plaintiff entered into a Shares Sale Agreement with the 3rd Defendant to purchase 3,984,970 units of ordinary shares in the 2nd Defendant's company Blue Valley Plantation Bhd ("the Company") at the purchase price of RM25,000,000.00.
[3] Pursuant to the Shares Sale Agreement, the Forms of Transfer of Securities ( form 32 A) dated 19 January 2005 for the transfer of 3,984,969 shares in the Company from
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