Noorin binti Badaruddin J:

JUDGMENT

[1]This is the Plaintiff’s application seeking for inter alia the followings:

1.1a declaration that the Defendants’ statutory notice pursuant to s. 465 (1) (e) and s. 466 (1) (a) of the Companies Act 2016 dated 28.8.2018 is null and void; and

2.1an injunction prohibiting the Defendants whether jointly and/or separately to file a company’s winding up petition against the Plaintiff

Background Facts

[2]The Plaintiff is a housing developer and had commenced a housing project of two blocks of 20-storey condominiums consisting of 350 units known as Residensi Sungai Chinchin, Gombak (“the project”) and the Defendants are the purchasers of 120 units of the condominiums (“the units”) in the project.

[3]The Plaintiff, Defendants and the land owners have signed the relevant Sale and Purchase Agreements pursuant to schedule H of the Housing Development (Control and Licensing) Act 1966 (“the SPAs”).

[4]The Plaintiff failed to complete the project and to date, no vacant possession of the units were delivered to any of the Defendants. By letter dated 5.1.2018, the Ministry of Urban Wellbeing, Housing and Local Government declared that the project is an abandoned projec