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2014 MarsdenLR 1358

FEDERAL COURT PUTRAJAYA
WINSTECH ENGINEERING SDN BHD – Appellant
Versus
ESPL (M) SDN BHD – Respondent


Petitioner Advocates:Lee Hoe Leong ,Respondent Advocate: Wong Hin Loong,Gan Chwee Yen

[1] This is a motion taken by the respondent vide encl 8(a) namely to strike out the application for leave to appeal, by the applicant. It is basically a preliminary objection to the application for leave to appeal.

[2] The only issue raised by the respondent was that applicant filed the application for leave (encl 2(a)) without any leave from the Official Receiver(as liquidator of the applicant) and as such the applicant had no locus standi and consequently the leave application (encl 2(a)) was invalid and should be struck out.

Salient Facts

[3] The salient facts relevant to this application are as follows:

(a) The applicant was wound up on 4 February 2010. The Official Receiver was appointed as the liquidator of the applicant pursuant to the Winding-Up Order on 4 February 2010.

(b) The applicant applied for leave to appeal to this court on 23 May 2013. This was done without obtaining any sanction from the Official Receiver.

(c) On 19 August 2013 the applicant obtained sanction from the Official Receiver. As can be seen from the above chronology of events, the applicant obtained the sanction from the Official Receiver after the filing of the application for leave to appeal to this court

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