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HIGH COURT MALAYA KUALA LUMPUR
ONG SOO KWEE – Appellant
Versus
LOH REALTY SDN BHD – Respondent
| Table of Content |
|---|
| 1. basis for winding-up petition. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. background and structure of the company. (Para 7 , 8 , 9 , 10 , 11) |
| 3. acrimonious family relations impact company. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. petitioner's submissions on winding-up. (Para 24 , 25 , 26) |
| 5. respondent's opposition to the petition. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. court's rationale against opposition. (Para 36) |
| 7. conclusion on equitable winding-up. (Para 37) |
Introduction
[1] In this Petition, the Petitioner seeks to wind-up Loh Realty Sdn Bhd ("the Respondent") which is a family company. This Petition is filed pursuant to s 465(1)(h) of the Companies Act 2016 (" CA 2016").
[2] The basis to wind-up the Respondent is the alleged breakdown in relations between the Petitioner and the other shareholders of the Respondent.
[3] The Petitioner is a registered shareholder of 1,983,333 (49.5%) shares in the Respondent.
[4] As at the date of this Petition, the authorized share capital of the Respondent is RM5,000,000.00 divided into 5,000,000 shares of 1.00 each. The amount of capital paid-up or credited as paid-up is RM4,00
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