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2005 MarsdenLR 2523 ; 2005 MarsdenLR 1

KANG HWEE GEE
LIEW TECK FOOK – Appellant
Versus
CHAN YIP POOI – Respondent


Advocates:
For the petitioner - M Pathmanathan (J Amudha & Ravindran); M/s Murali B Pillai & Assoc.
For the 1st, 2nd & 3rd respondents - Wong Seng Chow (K Mathimugam); M/s Wong Seng Chow & Co.
For the 5th respondent - John Skelchy; M/s Gunaseelan & Assoc.

JUDGMENT

Kang Hwee Gee J:

The Petition

Pursuant to s. 181 of the Companies Act 1965 as follows:

(a) an order restraining the second respondent and/or their servants, agents or nominees from proceeding with the sale of the shares to SQM Corporation or its servants, agents or nominees or any other third party until the disposal of this action;

(b) an order restraining Victana and/or its board of directors and/or its shareholders and/or their servants, agents or nominees from approving the sale of the shares belonging to the second respondent to SQM Corporation or its servants, agents or nominees or any other third party until disposal of this action;

(c) an order directing that:

(a) the respondents to purchase all the shares of the petitioner at a value to be set down by an independent accountant/auditor within thirty (30) days from the date of the valuation report being lodged into court by the independent accountant/auditor; or

(b) Victana be wound up and be subject to the normal course of events resulting from such winding up;

(d) an order that the respondents are liable to the petitioner for all damages and loss of profits suffered by the petitioner as a result of the winding up

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