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2021 MarsdenLR 310

HIGH COURT MALAYA PULAU PINANG
GTM LAND & PROPERTY SDN BHD & ORS – Appellant
Versus
PRESGRAVE & MATTHEWS & ORS (ENCL 14 & 17) – Respondent


Petitioner Advocates:Wong Chong Wah,M Thayalan,Wong Chooi Keat,Chong Jun Ming ,Respondent Advocate: Navaratnam

JUDGMENT

George Varughese JC:

Introduction

[1] Two encl ie, encl 14 and 17, were heard together.

[2] Enclosure 14 is the 1st defendant's Notice of Application dated 17 November 2020 made pursuant to O 14A, Rules of 2012 ("ROC 2012') which sought the determination of the following question of law:

(i) whether the publication of the Advertisement of Petition on 9 August 2020 and 11 August 2020 in The Star and Kwong Wah Yit Poh newspapers, made pursuant to r 24, Companies (Winding-Up) Rules 1972 ("WUR 1972'), in the course of proceedings in Court for the Winding-Up of the 1st plaintiff company, via, Penang High Court Companies (Winding-Up) No PA-28NCC-57-07/2020 ("Winding-Up Proceedings"), were protected by absolute privilege.

[3] Enclosure 17 is the 2nd and 3rd defendants' Notice of Application dated 30 November 2020 made under O 14 ROC 2012 seeking the determination of the following questions of law:

(i) whether the publication of the Advertisement of Petition dated 4 August 2020 in The Star and the Kwong Wah Yit Poh newspapers on 9 August 2020 and 11 August 2020 pursuant to the WUR 1972 in the Winding-Up Proceedings is protected by absolute privilege; and

(ii) whether the fact that the Ad


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