Mohd Ghazali Yusoff JCA:

[1] There are two appeals before the court. The appeals are against the decision of Zainun Ali J (as she then was) in allowing the applications of the liquidator of Tien Ik Enterprises Sdn Bhd, the 1st respondent and David Kuok Khoon Hin, the 2nd respondent to set aside an ex parte order granting leave to apply for issue of order of committal against them.

The Background

[2] The 1st respondent was wound up on 9 June 1994 under s 218(1)(i) of the Companies Act 1965 ("the Act")vide Winding-Up Petition No: D2-28-187-1990 presented by Woodsville Sdn Bhd, ie, the appellant.

[3] Pursuant to the aforesaid winding-up order, Gong Wee Ning (hereafter referred to as "the liquidator") was appointed as one of the liquidators for the 1st respondent.

[4] On 10 August 1998 the appellant filed an application for an order to remove the liquidator (hereafter referred to as "the removal application"). One of the grounds raised by the appellant to support the removal application was on an allegation that the liquidator has failed to carry out a proper investigation in relation to the 1st respondent's beneficial ownership of three pieces of land, the particulars of which are