Clement Skinner JC:

This is an application made under the inherent jurisdiction of the court to have a winding-up petition presented against Ngan Yin Groundnut Factory Sdn Bhd (hereafter the respondent) struck out on the grounds that it constitutes an abuse of the process of court. The petition is presented persuant to s. 218(1)(i) Companies Act 1965 and was filed on 25 June 1998. The persons who seek the winding-up are Ngan Tuck Seng (Tuck Seng) and Ngan Tuck Hoi (Tuck Hoi) (the petitioners), two of the shareholders of the respondent who until 4 October 1996 and 9 January 1997 respectively were directors of the respondent. They say it is just and equitable that the respondent should be wound-up for reasons that will be gone into shortly.

The petition is opposed not only by the respondent but also by Gan Tuck Meng (Tuck Meng) and Gan Tack Kong (Tack Kong) both of whom are shareholders and directors in the respondent, as well as by Ngan Yee San @ Ngan Mei Lang and Ngan Mei Wan @ Ngan Hau Yoong as trustee of the estate of Lee Poh Peng @ Lee Soon, both of whom are also shareholders in the respondent.

The Respondent And Shareholders

The respondent was incorporated on 14 Octo