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2005 MarsdenLR 2329 ; 2005 MarsdenLR 1

ARIFIN ZAKARIA, MOHD GHAZALI YUSOFF, JAMES FOONG
WOODSVILLE SDN BHD – Appellant
Versus
TIEN IK ENTERPRISES SDN BHD – Respondent


Advocates:
For the appellant - Lim Kian Leong (Ong Chee Kwan with him); M/s Lee Ong & Kandiah
For the 1st respondent - Wong Kian Kheong (Absent); M/s Lee Hishammuddin
For the 2nd, 3rd, 4th & 5th respondents - Alvin Tang (Claire Skelchy with him);

JUDGMENT

Arifin Zakaria JCA:

These five appeals arose from the decision of the High Court in petitions Nos. D2-28-187-90, D2-28-192-90, D2-28-197-90 & D2-28-202-90.

For the purpose of these appeals the following facts were not disputed. Woodsville Sdn. Bhd., the appellant/petitioner in W-02-438-00 is the common petitioner in the 4 petitions ( " the petitioner " ). The petitioner is a nominee company of one Kuok Khoon Hwong also known as Peter Kuok. On 9 June 1994, the High Court ordered the 4 companies to be wound up and at the same time turned down the application of the 4 respondents in appeal No. W-02-438-00 for a voluntary winding up of the 4 companies. Mustapha Mohamed and Gong Wee Ning from Messrs. Coopers & Lybrand were duly appointed as liquidators of the 4 companies ( " the liquidators " ). Subsequent thereto by summons in chambers the liquidators applied for leave to resign from the office of liquidators of the 4 companies. The petitioner in the 4 petitions in turn applied for the removal of the liquidators. The applications by the liquidators and the petitioner in petitions Nos. D2-28-187-90, D2-28-192-90, D2-28-197-90 and D2-28-202-90 were ordered to be heard together.

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