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2020 MarsdenLR 1159

FEDERAL COURT PUTRAJAYA
TAN KEEN KEONG @ TAN KEAN KEONG – Appellant
Versus
TAN ENG HONG PAPER & STATIONERY SDN BHD & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:Gopal Sri Ram,Marcus Lee,Karluis Quek,Karin Lim Ai Ching,Suppiah Arumugam,Ong Swee Long,Ong Kang Nyong ,Respondent Advocate: Malik Imtiaz Sarwar,Esther Geetha Jayaraja,Alia Ilani Nasution,Chan Wei June

JUDGMENT

Mary Lim Thiam Suan FCJ:

[1] The five appeals before us concern the law on winding up of companies on the ground that it is just and equitable under s 218(1)(i) of the Companies Act 1965 to wind up the target companies. Three appeals are brought by the petitioner who did not succeed in winding up all three companies that he had targeted whilst two other appeals are by the two companies that were wound up as a result of the petitions.

[2] A total of four questions are posed by the two sets of appellants in these appeals:

Petitioners appeals

Civil Appeals Nos: 02(f)-5-02-2017(P) and 02(f)-6-02-2017(P) & 02(f)- 12-02-2017(P)

i. Where there are applications to wind up more than one company in a group of family companies, is the conduct of the parties to be tested separately in respect of each company or as a whole having regard to the decisions in Ebrahimi v. Westbourne Galleries Ltd [1972] 2 All ER 492 and DHN Food Distributors Ltd v. London Borough of Tower Hamlets [1976] 3 All ER 462.

ii. Whether the principles governing an application made under s 181 of the Companies Act 1965 are applicable to an application to wind up a company under s 218(1)(i) of the said Act having reg

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