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2016 MarsdenLR 2402

COURT OF APPEAL PUTRAJAYA
ANGKUTERA SDN BHD – Appellant
Versus
JURIMBA SDN BHD & ANOR – Respondent


Petitioner Advocates:Gurbachan Singh,Rabinder Singh ,Respondent Advocate: V Vijaya Segaran

Table of Content
1. details regarding ownership and the nature of the cineplex property. (Para 1 , 3 , 4)
2. appellant's claim and the basis for appeal. (Para 2 , 11 , 15)
3. liquidator's justification and ownership discussions. (Para 12 , 29)
4. court's reasoning regarding rights of ownership and the decisions made. (Para 13 , 18 , 36)
Zaleha Yusof JCA:

[1] The appellant, Angkutera Sdn Bhd, is appealing against part of the decision of the learned Judicial Commissioner (JC) of the High Court at Ipoh in dismissing prayers (2), (3), (4), and (5) of its Summons in Chambers filed pursuant to s 279 of the Companies Act 1965 ; which briefly sought for the following orders:

(a) to vary a Vesting Order dated 4 May 2010 whereby a property referred to as the Cineplex roof level, in Kompleks Aik Aik building, Teluk Intan was vested in the liquidator of Aik Aik Holdings Sdn Bhd (Aik Aik Holdings);

(b) a declaration that the liquidator of Aik Aik Holdings had no power to sell, transfer, lease or charge the Cineplex property;

(c) a declaration that the sale and purchase agreement between Aik Aik Holdings, Fenghua Development Sdn Bhd (Fenghua) and Jurimba Sdn Bhd (Jurimba) in respect of the said Cineple

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