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2017 MarsdenLR 1507

HIGH COURT MALAYA KUALA LUMPUR
KRIS HEAVY ENGINEERING & CONSTRUCTION SDN BHD – Appellant
Versus
LEWIS & CO – Respondent


Table of Content
1. application for injunction filed to restrain winding-up petition based on disputed legal fees. (Para 1 , 2)

[1] This is an application for a Fortuna injunction filed by the Plaintiff to restrain the Defendant from presenting a winding up petition under s 218 of the Companies Act 1965 against the Plaintiff. I initially allowed the application at the conclusion of the ex-parte hearing. At the subsequent inter-parte hearing, I set aside the ex-parte injunction and dismissed the application of the Plaintiff. These are my reasons for the dismissal.

Key Background Facts

[2] The Plaintiff is a locally incorporated private limited company. The Defendant is a law firm partnership. The Plaintiff had retained the services of the latter in the former's successful claim against ABB Industrial Contracting Sdn Bhd ("ABB") in Civil Suit S1-22-951-2002 ("Suit 951") and in its challenge to the appeal filed by ABB in Civil Appeal W-02(W)-1078-07/2015 ("the Appeal"). The Defendant has thus been acting for the Plaintiff in respect of Suit 951 since 2002 and thereafter the Appeal, and had the first bill issued on 3 May 2002 (described in the accompanying cover letter as "estimated cos

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