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COURT OF APPEAL PUTRAJAYA
SSM MANAGEMENT SDN BHD – Appellant
Versus
AEON BIG (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. the appeal revolves around the confirmation of a winding-up order based on contractual obligations. (Para 1) |
| 2. the court upheld the high court's decision to dismiss the appeal, affirming the winding up. (Para 2) |
| 3. the facts leading to the winding-up petition involve a dispute over a deposit refund. (Para 3 , 4 , 5 , 6) |
[1] This appeal arose from the order of the Kuala Lumpur High Court dated 23 June 2017. The learned Judge had allowed the winding-up petition filed by the respondent under sections 218(1)(e) and 218(2)(a) of the now repealed Companies Act 1965 (" CA 1965") and wound up the appellant company.
[2] Aggrieved with the decision, the appellant filed the instant appeal. After hearing the parties and taking into consideration the written submissions, we unanimously dismissed the appeal and affirmed the order of the High Court. Our reasons for doing so now follow and will constitute the judgment of the Court.
Background Facts
[3] The facts leading to the presentation of the winding-up petition are not disputed and have been summarised by the parties in their submissions and by the learned Judge as follows. The appellant and the respondent executed a Lease Ag
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