JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] There are two appeals before us. Both appeals originate from the same decision of the High Court sitting in Sibu which is dated 6 November 2017. The matter before the High Court was the petition by Kathryn Ma who is the executor of the estate of her late husband, Datuk Wong Kie Nai (WKN). Kathyrn Ma applied to wind up WTK Realty Sdn Bhd under s 465(1)(h) of the Companies Act 2016 which is the "just and equitable provision". The learned Judicial Commissioner granted the petition and wound up WTK Realty Sdn Bhd. Her Ladyship also granted the ancillary orders. However, a stay was subsequently granted.

[2] The appellant in the first appeal (Appeal Q-02(NCvC)(A)-2476-12- 2017) is WTK Realty Sdn Bhd. The two appellants in the second appeal (Appeal Q-02(NCvC)(A)-2490-12-2017) are the contributories of WTK Realty Sdn Bhd They are also the brothers of the late WKN.

Background Facts

[3] The undisputed background facts set out in the judgment of the High Court are as follows. WTK Realty Sdn Bhd is a company founded by the late Datuk Wong Tuong Kwang in 1981. Over the years, it has grown into a large conglomerate controlling many companies with