Abu Mansor Ali J:

The appellant/petitioner appeals against the order made by this Court striking out the appellant/petitioner's petition for the winding up of the respondent company on the ground that the Court did not have jurisdiction to entertain the petition or alternatively even if the Court had that jurisdiction, it held the forum convenience was elsewhere. The appeal raises the short question whether the petition should really be filed in High Court Borneo.

The facts of the case are as follows. In the petition itself the petitioner states that the respondent company was incorporated on 1 September 1982. The registered office of the company is at 1st Floor, Hockien Association Building, Lot 98-99, Green Hill Road, Kuching, Sarawak.

The petitioner alleged that the respondent is indebted to the petitioner in the sum of RM107,357.66 for the price of goods sold and delivered. On 5 September 1988 the petitioner served on the company the statutory notice dated 23 August 1988 pursuant to s. 218 of the Companies Act 1965 by leaving it at the Company's registered office but no payment was received since the service of that notice. Hence the petitioner filed the petition to wi