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2005 MarsdenLR 2673 ; 2005 MarsdenLR 1

RAMLY ALI
ENG MAN HIN – Appellant
Versus
KINGS CONFECTIONERY SDN BHD – Respondent


Advocates:
For the petitioners - Leong Wai Heng (Claudia Cheah); M/s Skrine
For the 1st respondent - Benjamin Yean; M/s Benjamin Yean & Co
For the 2nd-5th respondents - William Leong; M/s William Leong & Co

JUDGMENT

Ramly Ali J:

The petitioners presented the present petition (dated 16 September 2005) to wind-up the 1st respondent company on a "just and equitable" ground under s. 218(1)(i) of the Companies Act 1965 on the following grounds, namely:

(a) the affairs of the company have been and are being conducted in disregard of the interests of the petitioners;

(b) the powers of the board of directors of the company are being exercised in disregard of or prejudicial to the interests of the petitioners;

(c) there is a lack of probity in the management of the company by the directors;

(d) the petitioners have been wrongfully excluded or alternatively, steps have been taken by the respondents to wrongfully exclude the petitioners from the management of the company; and

(e) there is now a complete breakdown of mutual trust and confidence in the management of the company and/or between the other shareholders/directors of the company and the petitioners.

The 1st respondent, on the other hand filed an application (vide encl. 24) to strike out the petition pursuant to O. 18 r. 19(1)(b) or (d) of the Rules of the High Court 1980 and/or pursuant to the inherent jurisdiction of the court, on the

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