Permohonan dikemukakan oleh pihak Yang Menuntut Laura Angela Yap di bawah s. 29(a), (b), (c), (d) dan (g) Akta Perhubungan Perusahaan 1967 untuk perintah bahawa:-

"2. That the Company be compelled under Section 29(c) of the said Act to give evidence on oath or affirmation and to be compelled to produce papers, documents and things to prove to this Honourable Court that it is 'dormant' or unable to comply with an Award of this Honourable Court.

3. That the following Company is joined as party to this action:-

Articulate Online Holdings Sdn. Bhd (495854-X)

A508, Block A, Kelana Square, 17, Jalan SS7/26

Kelana Jaya, 47301

Petaling Jaya

Selangor

or

301 B, 2nd Floor, Glomac Business Centre, 10

Jalan SS 6/1, Kelana Jaya 47301

Petaling Jaya

Selangor

4. Such other reliefs that the Court may deem fit and just."

Fakta yang membawa kepada permohonan ini dibuat menurut peguam yang mewakili pemohon adalah:-

"5 (a)my solicitors received a letter dated 12/6/07 on 13/6/07 from the Company's solicitors, Messrs B.H Lawrence & Co addressed to this Honourable Court informing that the Company was 'dormant';

(b) on the date of the hearing of this case ie, 14/6/07 could not proceed as the Company's solicitors asked for an adjournment on the grounds that they had discharged themselves and that the Company was 'dormant';

(c) no one from the Company attended on the said hearing date to explain to the court as to the actual status of the Company;

(d)the Search Results by the Companies Commission of Malaysia as at 19/6/2007 conducted by my solicitors of the Company show that the Company is still very much a going concern and is still active

A copy of the said Search Results is now shown to me, annexed herewith and marked as "Exhibit LA-1;

(e) the said Search Results also show that the Company has an unappropriated profit brought forward at the sum of RM1,104,698.00;

(f) the Company's contention that the Company is 'dormant' to say the least is not supported by the Search Results of the Companies Commission of Malaysia or any other document;

(g) the Company should produce oral and documentary evidence in support to show that it is indeed 'dormant' or otherwise; and

(h) a bare assertion by the Company does not suffice for the purposes of achieving the objective of the said Act.

Asas permohonan adalah seperti berikut:-

"6(i)that the Company and the Joinder Company are an essential unity of a group enterprise which points to the Joinder Company's interest in the undertaking of the Company;

(ii)that there is an unequivocal existence of a sufficient nexus or relationship between the Company and the Joinder Company as proven by the Search Results from the Companies Commission of Malaysia of the Joinder Company and the Company.

A copy of the said Search Results is now shown to me, annexed herewith and marked as "Exhibit LA-2";

(iii) that in truth, both the companies operate as one commercial unit as far as the Claimant's employment is concerned since both Companies are a part of Articulate Group of Companies. This is shown by the letter dated 19/12/03 sent to me by the Company

A copy of the said letter is now shown to me, annexed herewith and marked as "Exhibit LA-3;

(iv) that the addition of the Joinder Company is necessary to make adjudication itself effective and enforceable at least in the aspect of the award of reinstatement since the Company claims that it's status is 'dormant'."

Pihak Pemohon menyatakan bahawa tiada prejudis terhadap pihak Syarikat akibat dari permohonan ini. Sebaliknya pihak Pemohon yang akan diprejudis sekiranya permohonan mereka tidak dibenarkan kerana sekiranya mereka berjaya dalam tuntutan mereka, mereka tidak dapat menikmati hasil daripada litigasi mereka.

Permohonan ini telah dibantah oleh pihak Syarikat melalui affidavit Peter Farid Faisal bin Abdullah yang diikrar 12 Oktober 2007. Bantahan pihak Syarikat adalah atas alasan seperti berikut:-

"4(a) that the Investment Company is not an essential unity of a group enterprise. I