Timely conversion from originating summons to writ under O 28 r 8 ROC 2012 is critical; undue delay may preclude rights to convert.

Khadijah Idris JC:

Background

[1] Plaintiff, Commerceone Property Sdn Bhd (Company No: 864919-H), is a private limited company incorporated in Malaysia under the Companies Act 1965 [Act 125] having its registered address at 8-B Jalan Nyonya Pudu 55100 Kuala Lumpur, Wilayah Persekutuan. At all material time, one Ding Mei Siang ("DMS") is a shareholder and director of Plaintiff company. Plaintiff company through DMS participated in the re-development of a project namely Bangsar Trade Centre. The Plaintiff company interest in the said project as a shareholder and its shareholding is related in the succeeding paragraphs. All the affidavits filed by the Plaintiff company in this action was affirmed by DMS who was authorised to do so by the Plaintiff company. DMS is also a director of the Second Fifth, Sixth and Eighth Defendant.

[2] The 8 Defendants named in this action are as follows:

a) First Defendant, Bangsar Trade Centre Sdn Bhd (Company No:859085-P) is a private limited established on 1 June 2009 under Act 125 ("D1") having its registered address at 8-B Jalan Nyonya, Pudu, 55100 Kuala Lumpur, Wilayah Persekutuan ("8-B Jalan Nyonya Pudu"). D1 is the parent company of the Second Defendant. D1 represent the investment of the investors and interest of the promoters in respect of the re-development project of Bangsar Trade Centre;

b) Second Defendant, Twin Pavilion Development Sdn Bhd (Company No:889470-W) is a private limited company incorporated under Act 125 ("D2") with its registered address at 8-B Jalan Nyonya Pudu. All 1,250,000 shares issued by D2 are held by D1. D2 is a developer company identified specifically to undertake the re-development project of Bangsar Trade Centre;

c) Third Defendant, Lee Seng Khoon ("D3") is a trained accountant who has 10 years experience in the global corporate finance restructuring/distressed debt. His area of expertise is rehabilitation of abandoned project. D3 at all material time is a shareholder and director of D1 and also a director of Second, Fifth, Sixth and Eighth Defendant.

d) Fourth Defendant, Tee Siew Kai ("D4") a qualified accountant. D4 at all material time is a shareholder and director of D1 and also a director of Second, Fifth, Sixth and Eighth Defendant;

e) Fifth Defendant, Solaris Bayview SdnBhd(Company No:986858-T) is a private limited company incorporated under Act 125 ("D5") with its registered address at 8-B Jalan Nyonya Pudu. D5 was established to hold the shareholding interest of the promoters who participated in the re-development of Bangsar Trade Centre project;

f) Sixth Defendant, Twin Pavillion Properties Management Sdn Bhd (Company No:934759-X) is a private limited company incorporated under Act 125 ("D6") with its registered address at 8-B Jalan Nyonya Pudu. D6 holds 60% of total shares issued in D5. The 2 shares issued by D6 is held by D3 and D4;

g) Seventh Defendant, BW Bangsar Sdn Bhd (Company No:959722-P) is a private limited company incorporated under Act 125 ("D7") with its registered address at 8-B Jalan Nyonya Pudu. D7 was intended to be the operator of Best Western Hotel which is located at blocks D and E of the Bangsar Trade Center building; and

h) Eighth Defendant, Twin Pavillion Properties Sdn Bhd (Company No:361690-U) is a private limited company incorporated under Act 125 ("D8") with its registered address at 8-B Jalan Nyonya Pudu. D8 was supposed to perform building management services and collect rental from the tenants of Bangsar Trade Centre building.

[3] On 5 June 2015 the Plaintiff took out an Originating Summons No 24NCC-215-06/2015 (Encl 1) to move the court under s 1