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2012 MarsdenLR 1339

FEDERAL COURT PUTRAJAYA
OOI WOON CHEE & ANOR – Appellant
Versus
SEE TEOW CHUAN & ORS & OTHER APPEALS – Respondent


Table of Content
1. overview of appeals and initial decisions (Para 1 , 2 , 3 , 4 , 5)
2. background facts about the winding-up of kian joo holdings (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. considerations on fiduciary duty and conflict of interest (Para 43)

[1] There are three appeals before this court; namely Civil Appeals No 02-11-2011(W), 02-12 2011(W) and 02-13-2011(W) arising from two main applications filed before the High court by the respective parties. The first application was filed by the majority contributories of Kian Joo Holdings Sdn Bhd (in liquidation) ["the company"] against the liquidators of the company for leave to proceed with legal proceedings ["the leave application"] against the liquidators for alleged misconduct in a tender of the assets and eventual award to Can-One International Sdn Bhd ["Can-One"]. The second application was filed by the liquidators for directions as to whether to complete the sale to Can- One ["the directions application"]. There were a number of other applications by other interested parties, but those, as explained later in this Judgment were corollary to these main applications.

[2] The appellants ["the liquidators"] in Civil Appeal No 02-1

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