JUDGMENTBY: ZAKARIA YATIM J

This is an application by a company known as Yap Kim Kee and Sons Sdn Bhd (hereinafter referred to as the company) for an order that (a) the petition to wind up the company filed on 20 May 1988 be set aside; and/or (b) that all further proceedings be stayed until the final determination of the companys application for further arguments and/or further appeal in respect of the matter in Civil Suit No C7521 of 1985. The applicant asks that the costs of the application be costs in the cause.

I shall first deal with prayer (a). In the petition, the petitioning creditor states that the company is indebted to the petitioning creditor in the sum of $ 145,000 together with costs of $ 350 based on a judgment obtained in the High Court. The petition also states that a demand in writing dated 19 November 1985 for the payment of the said sum was sent to the companys registered office but no payment was made by the company. According to the petition, the company is unable to pay its debt and it is just and equitable that the company be wound up.

In order to consider prayer (a), it is relevant to see the sequence of events in the civil suit from the time the letter of

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