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HIGH COURT MALAYA SHAH ALAM
TBH WELLNESS SDN BHD – Appellant
Versus
ELIN HONG PEI SHANG & ANOR – Respondent
| Table of Content |
|---|
| 1. winding-up petition and core issues identified. (Para 1 , 2 , 3 , 4) |
| 2. factual background of the parties and agreements. (Para 5 , 6 , 7 , 8 , 9) |
| 3. legal grounds for winding-up under companies act. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. issues for determination outlined. (Para 17) |
| 5. assessment of quasi-partnership structure. (Para 18 , 19 , 20 , 21) |
| 6. evaluation of alleged irretrievable deadlock. (Para 22 , 23 , 24 , 25) |
| 7. examination of substratum failure post-termination. (Para 26 , 27 , 28) |
| 8. consideration of alleged unfair exclusion and oppression. (Para 30 , 31 , 32 , 33) |
| 9. conclusion on evidence and case status. (Para 34) |
| 10. final ruling on winding-up petition. (Para 35) |
(Enclosure 1: Winding-up Petition)
Introduction
[1] This case concerns a petition for the winding-up of TBH Wellness (Eco Sanctuary) Sdn Bhd ["R2"] pursuant to s 465(1)(f) and/or (h) of the Companies Act 2016 .
[2] The central issues in this dispute involve allegations of a breakdown in trust and confidence between the shareholders, claims of financial mismanagement, and the question of whether the substratum of the company has failed following the terminat
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