Mohd Ghazali Yusoff JCA:

[1] The petitioners (the appellants in this appeal) presented a winding-up petition on 21 May 2001 to wind up Tan Chong Consolidated Sdn Bhd (the 9th respondent in the petition and the 9th respondent in this appeal and hereafter referred to as "the company") on the "just and equitable" ground, ie, s. 218(1)(i) of the Companies Act 1965 ("the Act") . Both parties are members of the Tan Chong family and are embroiled in a protracted family feud. We will hereafter refer to the parties as they were in the petition.

[2] The petition has yet to be heard by the High Court due to a flurry of interlocutory applications filed by the parties and appeals to this Court that followed as a consequence of those applications.

[3] The appeal before us relates to encl. 163, viz , an application by the respondents to strike out the petition. The application was granted by Zulkefli Ahmad Makinudin J (as he then was) and hence, this appeal. It would be appropriate to mention at the outset that this was the respondents' 3rd application to strike out the petition.

[4] We had in an unanimous decision on 5 October 2006 allowed the appeal with costs and ordered that the petition