Gill CJ (Malaya):

This is an appeal from the dismissal by BTH Lee J of the appellant's application by way of originating motion in which, in his capacity as a member of the first respondent company, he asked for a series of orders the gist of which was that the second and third respondents be removed from office as the managing director and director respectively of the company and a receiver and manager be appointed to conduct the business and investigate the affairs of the company, that they do pay to the company various sums of money which they had taken or paid out from the company's funds wrongfully or without proper authorisation or for unauthorised purposes, and that in the alternative the company be wound up.

As one of the grounds on which the application was opposed was that it was made by the appellant maliciously because of family disputes prior to the formation of the company, it will be useful to refer briefly to such disputes as a historical background of these proceedings.

The parties to the proceedings are the sons of the late Ling Chui Ming who died in 1955 leaving six sons whose names in order of seniority are Ling Beng Siew (the second respondent), Beng