JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] The appellant's appeal herein is against the whole of the decision of the Learned High Court Judge ('LJ') given at the Shah Alam High Court ('SAHC') where the LJ dismissed the appellant's Petition to wind up the 2nd respondent company ('r 2') pursuant to s 465(1)(f) and (h) of the Companies Act 2016 (' CA 2016').

[2] As summarised for our easy reference by the appellant, his challenge against the LJ's decision consists of two parts: the 1st part being that the appeal should be allowed on 2 grounds; and the 2nd part being that the LJ had erred in applying 4 wrong grounds in dismissing the instant Petition.

[3] In regard to the 1st part, the 2 grounds relied upon are as follows:

1) r 2 should be wound up on the just and equitable ground under s 465(1)(h), CA 2016; and

2) The 1st respondent ('r 1') had acted in his own interest rather than the interest of the r 2 as a whole ('1st Limb') or acted in any other manner which appears to be unfair or unjust to members ('2nd Limb') (under s 465(1)(f) of CA 2016).

Factual Background

[4] The appellant/petitioner and r 1 met when they were consultants in a high- rise development project. The petiti