Abu Samah JC

This is a notice of motion by the respondent for an order that:

(a) the winding-up order dated 11 November 1994 be set aside and/or rescinded;

(b) all further winding-up proceedings be stayed pending the disposal of the application herein or on such other terms this honourable court deems fit; and

(c) provision be made for the cost of this motion.

At the hearing, learned counsel for the petitioner raised a preliminary objection to the motion on the ground that the court has no jurisdiction to set aside and/or rescind the winding-up order it pronounced on 11 November 1994. The court then proceeded to hear the parties on the preliminary objection first.

The petitioner's submission

Learned counsel for the petitioner submitted that the court has no jurisdiction to set aside and/or rescind the winding-up order made by this court on 11 November 1994 after it had been perfected. Apirami Sdn Bhd v Tamil Nesan (M) Sdn Bhd & Ors [1986] 1 CLJ 493 was cited as authority that an order pronounced by a judge can always be withdrawn, altered or modified before it has been perfected. The judge has control over the case until his order is perfected. In the instant case, the win