JUDGMENTBY: JEMURI SERJAN BORNEO CJ(DELIVERING THE JUDGMENT OF THE COURT)

The plaintiffs (appellants before us) took out an Originating Summons No D1-24-121-89 on 21 April 1989 seeking the following reliefs:

(a) A declaration that the defendant (respondent before us) has

vacated the office of director of Tien Ik Enterprises Sdn Bhd and

Tien Ik Credit Sdn Bhd with effect from 23 March 1989.

(b) An order that the defendant be restrained forthwith from acting

or holding himself out as the director of Tien Ik Enterprises Sdn

Bhd and Tien Ik Credit Sdn Bhd.

(c) An order that the defendant forthwith do and concur in doing all

acts and things necessary to enable the plaintiffs to obtain

possession of and control over the books, documents, cash and

other property of the said companies on behalf of the said

companies.

(d) Consequential orders as to costs.

On the same day the plaintiffs by summons-in-chambers applied under this originating summons to the High Court for the following orders:

(a) that the defendant be restrained from acting or holding himself

out as a director of Tien Ik Enterprises Sdn Bhd and Tien Ik

Credit Sdn Bhd pending the disposal of Originating

Summons No D1-24-121-89 and from otherwise intermeddling in the

said companies business or the management of its affairs

(emphasis added);

(b) that the defendant forthwith do and concur in doing all acts and

things necessary to enable the plaintiffs to obtain possession of

and control over its books, documents, cash and other property on

behalf of the said companies;

(c) costs.

This application was supported by two affidavits, one affirmed by David Kuok Khoon Hin on 21 May 1989 and the other by Irene Kuok on 10 May 1989 and the three affidavits of Nagarajah Muttiah and opposed by the defendant by two affidavits affirmed by himself dated 29 April 1989 and 11 May 1989.

This application was, however, heard together with two other applications in relation to Originating Summons No D1-24-41-89 dated 23 February 1989 and Petition No D1-26-9-89 dated 31 March 1989. It would appear that the learned judge took the view that all the applications under the two originating summons and the petition were inter-related and decided to hear all the applications together.

In order to understand this appeal it is pertinent to give the background of this appeal and the sequence of events preceding the appeal. On 23 February 1989 Helen Kuok, Irene Kuok, David Kuok Khoon Hin and Bernard Kuok Meng Wah as plaintiffs filed Originating Summons No D1-24-41-89 seeking the following:

(a) A declaration that upon a true construction of the emergency

meeting of the directors of Tien Ik Enterprises Sdn Bhd and Tien

Ik Credit Sdn Bhd held on 31 January 1989.

(b) A declaration that the defendant has ceased forthwith from 31

January 1989 to be the chairman and executive director of Tien Ik

Enterprises Sdn Bhd and as the chairman of Tien Ik Credit Sdn Bhd.

(c) An order that the defendant be restrained forthwith from acting

or holding himself out as the executive director and/or chairman

of Tien Ik Enterprises Sdn Bhd, Tien Ik Credit Sdn Bhd, Tien Ik

Sdn Bhd and Giltspur Holdings Sdn Bhd (hereinafter referred to as

the said companies).

(d) An order that the defendant be restrained forthwith from managing

the affairs of the said companies as their executive director

and/or the chairman of the said companies.

(e) An order that the defendant forthwith do and concur in doing all

acts and things necessary to enable the plaintiffs to obtain

possession of and control over the books, document

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