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HIGH COURT SABAH & SARAWAK, SIBU
DATO TING CHECK SII – Appellant
Versus
BINTA CORPORATION SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. petition filed to wind up dormant company. (Para 1 , 2) |
| 2. background on company's incorporation and management issues. (Para 3 , 4 , 5 , 6 , 8) |
| 3. petitioner's claims of company inactivity and mismanagement. (Para 7 , 9 , 10 , 11) |
| 4. respondents contest petition on quasi-partnership basis. (Para 14 , 15) |
| 5. importance of proving quasi-partnership in winding up cases. (Para 16 , 17 , 18) |
| 6. quasi-partnership elements not strictly required for winding up. (Para 19 , 20 , 21) |
| 7. court may wind up company based on substratum loss. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 8. substratum can be determined by business profile. (Para 29 , 30 , 31) |
| 9. petitioner demonstrates company’s dormant status. (Para 32 , 33 , 34 , 35) |
| 10. company's principal activity ceased; winding up justified. (Para 36 , 37 , 38) |
| 11. company to be wound up under companies act due to inactivity. (Para 40 , 41) |
| 12. court orders winding up and appoints liquidator. (Para 42) |
Introduction
[1] This is a petition by the petitioner to wind up the 1st respondent company ("the company") under s 218 of the Companies Act 1965 . The grounds are:
(a) the company has suspended its principal and main activities
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