VC George J:

An important question that arose in this matter was whether the Court had the power to restrain a party from petitioning the Court to wind up a company.

Tan Construction had sent a Companies Act s. 218(2) notice to Bina Satu Sdn. Bhd. (Bina) demanding the payment of a sum of RM64,811.18 said to be owing from Bina to Tan Construction for work done. Tan Construction's solicitors made it clear in the notice that it was a s. 218(2) notice and pointed out therein that if the amount demanded was not paid within 21 days Bina will be deemed to be unable to pay its debts and that appropriate action would be taken to have Bina wound up.

Bina thereupon took out this originating summons seeking an injunction restraining Tan Construction from instituting proceedings to wind up Bina. The originating summons was supported by the affidavit of one Hee Kon Ying who claims to be a director of Bina. Hee says that Tan Construction's claim appeared to be in respect of work done by them at a housing estate at Chaah, Johore. Hee says that the job had been contracted out by Bina to one Pann Marketing Co. Sdn. Bhd. and that if Tan Construction had completed that job it was not on the i