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2007 MarsdenLR 2902 ; 2007 MarsdenLR 1

RAMLY ALI
ABRIC PROJECT MANAGEMENT SDN BHD – Appellant
Versus
PALMSHINE PLAZA SDN BHD – Respondent


Advocates:
For the applicant - Dennis Xavier; M/s Dennis Xavier & Assoc
For the liquidator - Gregory Ling Lee Yi; M/s Ranjit Ooi & Robeert Low
For HSBC - Ang Lay Ling; M/s Benjamin Dawson
For the 2nd respondent - N Eliatamby; M/s WC Chan & Roy
For the petitioner - Kenny Lee; M/s Kenny Lee, Chong & Assoc

JUDGMENT

Ramly Ali J:

[1] This grounds of judgment are in respect of the notice of motion dated 27 December 2005 (encl. 37) filed by one Ong Weng Seng @ Ong Say Lan (applicant) a contributory and former director of the 1st respondent (the company under liquidation).

[2] By encl. 37, the applicant seeks the following prayers:

(a) an order that the sale of the land held under Lot. No. 726 P.N. No. 7225 and Lot No. 727, P.N. No. 7224, Section 8, Petaling Jaya (collectively referred to hereinafter as the "said land") by the liquidator to Idaman Harmoni Sdn. Bhd (the 2nd respondent) be set aside; and

(b) alternatively, that the applicant be given leave to commence proceedings to set aside the sale of the said land.

Background Facts

[3] The 1st respondent is a company incorporated in Malaysia, and was in the principal activity of property development.

[4] On 27 July 1999, the 1st respondent was wound-up by this court, pursuant to a winding-up petition presented by Abric Project Management Sdn. Bhd. ("petitioner") in respect of a debt of RM2,000,000.

[5] Pursuant to the winding-up order, one Lim Tian Huat was appointed as the liquidator over the 1st respondent ("the liquidator").

[6] The

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