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1991 MarsdenLR 880

HARUN HASHIM, MOHD.YUSOF MOHAMED, GUNN CHIT TUAN
GEH CHENG HOOI – Appellant
Versus
EQUIPMENT DYNAMICS SDN.BHD. – Respondent


Advocates:
For the appellants - Robert Lazar; M/s. Shearn Delamore & Co.
For the 1st, 2nd, and 3rd respondents - Wong Chong Wah (Karina Merican with him); m/s. Skrine & Co.
For the 4th respondent - Naranjan Singh; K.N. Singh

JUDGMENT

Gunn Chit Tuan SCJ:

These were appeals from cases which were heard together in the High Court at Kuala Lumpur by V.C. George J who approved an agreement by Counsel that the issues raised in the petition in Companies Winding-Up No. D3-42-211-87, Originating Summons No. D3-31-162-87 and Originating Summons No. D3-31-165-87 could be resolved by the Court answering the several questions set out in the following "Statement of the Case by Provisional Liquidators":

1. The intention of this statement of case, which has been prepared with the approval of solicitors of several of the concessionaires and of that of the committee of inspection, is to provide the Court with the factual background relating to the claims put forward by several concessionaires and consignors, and to state the questions for determination by the Court.

2. There are four applications before this Court for hearing on 1 and 2 December 1988 and they are:

(a) an originating summons by Wan Lee Brothers Sdn. Bhd. and Palmajaya Sdn. Bhd. in Originating Summons No. D3-162-87;

(b) an originating summons by Equipment Dynamics Sdn. Bhd. in Originating Summons No. D3-31-165-87;

(c) the notice of motion of the Provision

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