Nik Hashim JCA:

The facts are that on 16 October 1998, the High Court of Kuala Lumpur recorded a summary judgment against the appellant company videKuala Lumpur High Court Civil Suit No. D6-22-1187-1998. Pursuant to the aforesaid summary judgment, the petitioner (respondent before us) filed a winding-up petition No. D2-28-553-1999 to wind up the appellant company for failure to comply with a notice of demand pursuant to s. 218 of the Companies Act 1965 (the Act). An order for winding-up was granted to the respondent dated 25-2-2000 and the appellant company, being dissatisfied with the aforesaid order, appealed to this court.

In this case, the petition was not advertised seven clear days before the date of hearing on 17 September 1999. The petition was advertised in the newspapers, the Malay Mail and the Star on 26 August 1999 and 27 August 1999, ie, 22 days before the hearing date. The appellant contended that by r. 24 of the Companies (Winding-Up) Rules 1972 (the Rules) which states that "every petition shall be advertised in Form 4 seven clear days or such longer time as the court may direct before the hearing", the petition ought to be advertised on 10 September 1999,