Ahmad Fairuz JCA:

This is a judgment under s. 42(1) of the Courts of Judicature Act 1964as the chairman of this court had retired by the time this judgment was arrived at. Accordingly the term "we" in this judgment refers to Dato' Abu Mansor, JCA (now Federal Court judge) and Dato' Ahmad Fairuz, JCA (now Federal Court judge).

This is an appeal against the decision of the High Court at Kuala Lumpur in granting injunctions against the appellants. The injunctions were applied for by the first and second respondents (R1 and R2) by way of summonsin-chambers dated 4 September 1997 (encl. 31).

On 22 July 1997, R1 and R2 (the petitioners) had presented a petition to wind-up the third respondent (R3). On 7 August 1997, the petitoners obtained an order to appoint provisional liquidators. R3 is a party to the petition. It was contended that R3 is largely a nominal party because the nature of the disputes giving rise to the petition and the appointment of the provisional liquidators are disputes which are purely between shareholders. The Board of Directors of R3, however, is in control of the shareholders who oppose the petition ie, the appellants. It was alleged that the appellants,