FEDERAL COURT PUTRAJAYA
SILVER CORRIDOR SDN BHD – Appellant
Versus
GALLANT ACRES SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. application for declaring sale agreements void under the companies act. (Para 1 , 2 , 4) |
| 2. background on plaintiffs' claims regarding the sale agreements. (Para 10 , 12 , 13) |
| 3. court findings regarding the lack of good faith in the transactions. (Para 20 , 23 , 26) |
| 4. statutory provisions lead to the conclusion that the transactions are void. (Para 30 , 39 , 46) |
| 5. final dismissal of appeal and affirmation of lower court's decision. (Para 61 , 62) |
The Appeal
[1] The appellant in the present appeal before us, Silver Corridor Sdn Bhd was the defendant at the High Court. The 1st respondent, Gallant Acres Sdn Bhd (under liquidation and acting by the liquidator) was the 1st plaintiff, while the 2nd respondent, Kepong Development Sdn Bhd, was the 2nd plaintiff there.
[2] Before the High Court, the plaintiffs (the respondents herein) sought for declaratory orders that various sale and purchase agreements in respect of 12 shop lots constructed or to be constructed by the 1st plaintiff, as the developer be declared invalid, void and of no effect pursuant to s 293 of the Companies Act 1965 ( CA ) read together with ss 52 and/or 53 of the Bankruptcy Act 1967 (BA)
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