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FEDERAL COURT PUTRAJAYA
MALAYAN BANKING BERHAD – Appellant
Versus
GAN BEE SAN & ORS; SKS FOAM (M) SDN BHD (INTERVENER) & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. judgment delivered in response to winding-up petition. (Para 1 , 4 , 11) |
| 2. winding-up order's legitimacy challenged. (Para 2 , 3) |
| 3. impact of court regulations on procedure. (Para 10 , 12 , 14) |
| 4. court's rightful exercise of jurisdiction. (Para 18 , 39) |
| 5. jurisdiction for winding-up orders. (Para 23 , 25 , 27) |
| 6. inherent powers of the court. (Para 40) |
[1] This judgment is delivered pursuant to s 78 of the CJA 1964 as our sister Zainun binti Ali has since retired. This is a unanimous decision by the remaining members of the panel who heard this appeal.
[2] The appeals before us relate to the 1st, 2nd and 3rd respondents' application at the Shah Alam High Court to set aside a winding-up order dated 18 March 2013 (the said Winding-Up Order).
[3] The sole ground in support of the application to set aside the said Winding- Up Order was that it contravened r 5(1)(a) of the Companies (Winding-Up) Rules 1972 (the Winding-Up Rules). It was made by the Deputy Registrar of the High Court and not by a judge.
[4] The respondents' application to set aside the said Winding-Up Order was dismissed by the Shah Alam High Court on 23 September 2016. On 22 May 2017, the Court of Appeal r
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