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COURT OF APPEAL PUTRAJAYA
ZUNG ZANG HOLDINGS SDN BHD – Appellant
Versus
ZUNG ZANG TRADING SDN BHD – Respondent
| Table of Content |
|---|
| 1. background establishes the context for the winding-up petition. (Para 1 , 2 , 12 , 13 , 19) |
| 2. introduction of the winding-up order against zz holdings (Para 3) |
| 3. key issues on locus standi and equitable grounds for winding up. (Para 20 , 21 , 25 , 36) |
| 4. explains just and equitable grounds and the requirements thereof. (Para 22 , 86) |
| 5. court's observation regarding locus standi and breakdown of trust (Para 23 , 24) |
| 6. conclusion regarding the legal effect of evidence presented (Para 39) |
| 7. arguments surrounding quasi-partnership and mutual trust (Para 67 , 78) |
[1] This is an appeal by the Appellant against the decision of the learned Judicial Commissioner, given on 3 December 2017, in granting the winding up order against the ZZ Holdings.
[2] The winding up petition filed by ZZ Trading is premised on the just and equitable ground under s 218(1)(i) of the Companies Act 1965 and the complaint is that there is a breakdown of trust and confidence among the members of ZZ Trading and ZZ Holdings.
Background Facts
[3] Gleaning from the Petition dated 15 April 2016 [Record of Appeal vol 1 - part A & B, pages 8-23], the background facts can be summarised as follows.
[4] The pat
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