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2009 MarsdenLR 1533

HIGH COURT MALAYA KUALA LUMPUR
SEE TEOW GUAN & 10 ORS – Appellant
Versus
KIAN JOO HOLDINGS SDN BHD & 3 ORS – Respondent


JUDGMENT

Nallini Pathmanathan JC:

Introduction

[1] A flurry of interlocutory applications have been filed in this matter as a matter of some urgency. The outcome of all these enclosures is dealt with in this composite decision for clarity, brevity, urgency and essentially because the applications are inextricably inter-related.

1.0. Salient Facts

[2] The background facts of the matter, on which all these applications are premised, are as follows:

(1) On 9 September 1994 the 1st to 11th Petitioners filed a petition to wind-up the 1st Respondent company, Kian Joo Hodings Sdn Bhd ('the Company');

(2) By a consent order dated 30 January 1996 the Court ordered that the Company be wound up pursuant to s 218(f) and (i) of the Companies Act 1965. Abdul Jabbar bin Abdul Majid and Ng Kim Tuck were appointed as liquidators of the company to act jointly and severally. By order of Court dated 2 October 2007, Ooi Woon Chee replaced Abdul Jabbar bin Abdul Majid. Therefore Ng Kim Tuck and Ooi Woon Chee are the current liquidators of the company.

(3) There are 27 contributories of the Company. Broadly they can be divided into 2 factions. The majority contributories representing 52% in value of the shares o

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