JUDGMENTBY: SEAH SCJ

(delivering the Judgment of the Court): The material facts which give rise to this appeal are substantially the same as those in the Federal Court case of Mosbert Bhd (In Liquidation) v Chatib bin Kari [1985] 1 MLJ 162 and in giving the judgment of the Federal Court the Lord President has set out the relevant facts succinctly, so there is no need to repeat them here. Suffice to say that the two main issues connected with this appeal appear to have been raised and decided by the Johore Baru High Court, where Shankar J. granted leave to both Chatib and Farland to commence proceedings against the Mosbert Bhd. (In Liquidation) (hereinafter referred to as the appellant) under section 226(3) of the Companies Act 1965 and further made a Consent Order extending the validity of the respective caveats lodged by Chatib and Farland until the final disposal of the suits filed by them after the Official Receiver had agreed to it. The Official Receiver seemed to have resiled from this and took out a summons to set aside the Consent Order. When the learned judge dismissed the application there was an appeal to the Federal Court vide Civil Appeal Nos. 7/84 and 75/84. In

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