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2013 MarsdenLR 1084

COURT OF APPEAL PUTRAJAYA
BERJAYA DEVELOPMENT SDN BHD – Appellant
Versus
KERETAPI TANAH MELAYU BERHAD – Respondent


Petitioner Advocates:Chin Teng Yoong ,Respondent Advocate: Andrew Teh,Sara Anthony

Table of Content
1. appeal against high court's dismissal (Para 1 , 2)
2. background facts of the winding-up proceedings (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)

[1] This is the appellant's appeal against the orders of dismissal by the High Court at Kuala Lumpur in respect of three notices of motion. The first notice of motion dated 5 September 2012 (encl 11) was to set aside a winding-up order. The second notice of motion, dated 14 September 2012 (encl 16), was to transfer the case to the Shah Alam High Court pursuant to O 11 r 4 of the Rules of 2012. The appellant also had filed in the High Court another notice of motion dated 18 September 2012 (encl 19) to set aside the same winding-up order.

[2] On 18 September 2012, the High Court dismissed encl 11; and on 10 October 2012, the same High Court dismissed encls 19 and 16. The appellant alleged that the three motions were dismissed without giving the appellant a fair hearing.

Backgrounds Facts

[3] The background to the action before the High Court, and this appeal is as follows.

[4] On 27 August 2009, a Civil Application No: 08-205-207(W) was made to the Federal Court for costs pursuant to the Federal Court's dismissal of the app

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