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HIGH COURT MALAYA SHAH ALAM
BRUNSFIELD OASIS SQUARE SDN BHD & ORS – Appellant
Versus
GOH SIEW CHIN & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiffs initiated summons under companies act 2016. (Para 1 , 2 , 3) |
| 2. details of plaintiffs' properties and business. (Para 4 , 5 , 6 , 7) |
| 3. receivers appointed due to defaults by the companies. (Para 11 , 12 , 20) |
| 4. plaintiffs claim defendants breached statutory obligations. (Para 27 , 28 , 29 , 30) |
| 5. court affirms defendants' statutory duties per companies act. (Para 33 , 34 , 35 , 36) |
| 6. court grants various reliefs and costs against defendants. (Para 38 , 41 , 42 , 43) |
Introduction
[1] The Plaintiffs initiated this Originating Summons, on 19 December 2023, against the Defendants named therein in their capacities as the Receivers & Managers of the Plaintiff Companies.
[2] The Plaintiffs' action is premised on s 383(2) and the Sixth Schedule of the Companies Act 2016 , on the ground that they are duty bound under the law to seek the reliefs in this case to protect the Debenture Holders - which in this case is Public Bank.
The Pertinent Issues
[3] The issues raised in this Originating Summons are as follows:
(a) whether the First to Third Defendants are required to provide the Receivers and Managers with the Statement of Affairs of the Companies
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