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2003 MarsdenLR 2211 ; 2003 MarsdenLR 1

VINCENT
LEE TENG SIONG – Appellant
Versus
LEE GEOK THYE HOLDINGS SDN BHD – Respondent


Advocates:
Counsel
Encik Hamid Sultan for applicants/opposing contributories. (Messrs Hamid Sultan Loga Chitra & Associates)
Dato R.R. Sethu with Encik N.H. Wong for respondent/petitioner. (Messrs N.H. Wong & Associates)
Encik Alan Chua for respondents/remaining opposing contributories. (Messrs Alan Chua & Co)

GROUNDS OF JUDGMENT

Preamble

This Notice of Motion (Enclosure 20) is an application before me by two opposing contributories, namely Lee Lay Leng and Lee Lay Wee (the Applicants) seeking to set aside the

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consent order dated 18 April 2000 be set aside with costs to be borne by the Petitioner.

Briefly the background facts of this case show that the Petitioner presented a petition to wind up the Respondent pursuant to section 218(1) of the Companies Act 1965. The petition was contested by the Respondent and 6 Opposing Contributories including the Applicants. However, parties reached an amicable settlement and a consent order was recorded on 18 April 2000 before Mr. Justice Dato' Haji Ghazali bin Mohd Yusoff (as he then was), inter alia, allowing the Petitioner to withdraw the petition with liberty to file afresh and providing for the sale of certain assets held by the Petitioner to the Respondent and the Opposing Contributories.

The consent order has yet to be perfected.

The application

The Applicants' subsequent objection to the consent order dated 18 April 2000 is limited to prayer 4 therein. The relevant

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portions of the said consent order are reproduced below for ease of refere

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