Kamalanathan Ratnam JC

This is an application for leave to commence proceedings against the provisional liquidator for the tort of conspiracy, abuse of legal process, malicious prosecution and trespass and for consequential damages.

Facts leading to the filing of this application

TN Metal Industries Sdn Bhd is the registered owner of premises Lot 1, Lorong 10B, Telok Panglima Garang, Banting, Selangor ('Telok Panglima address'). Dreambed (Malaysia) Sdn Bhd and KKBI System (M) Sdn Bhd are two tenants of the said owner and have their place of business at the said Telok Panglima address. A fourth company called King Koil Inc Sdn Bhd has at the same premises its leased and hire purchase machinery. All four companies are the applicants herein.

Matsushita Greatwall Corp Pte Ltd ('the petitioners') filed a petition to wind up a company called KKBI Manufacturing Sdn Bhd (formerly known as King Koil Bedding Industries (M) Sdn Bhd ('the respondent company') under ss 218 and/or 143 of the Companies Act 1965 ('the Act').

In the meantime, prior to the winding-up order being made, the petitioners filed an ex parte application to appoint one Ng Pyak Yeow as the provisional liquidator ('t