JUDGMENT

Ramly Ali J:

Enclosure 19 is an application pursuant to s. 279 of the Companies Act 1965 by the applicant, a contributory of the respondent company, being aggrieved by the decision of the liquidator, Mr. Lim Thin Huat in refusing to bring an action against Hong Leong Bank Malaysia Bhd (HSBC) on behalf of the respondent company for breach of contract.

The applicant has sought, through the filing of the application, for, inter alia:

(i) an order pursuant to s. 279 of the Companies Act 1965 that the act or decision of the liquidator in not commencing proceedings against HSBC be reversed or set aside; and

(ii) an order that the liquidator be directed to commence proceedings against HSBC or alternatively, the liquidator to authorise the applicant to commence proceedings against HSBC on such terms as the court deems fit.

The applicant sought that an action be brought by the respondent against HSBC for an alleged breach of contract (proposed proceedings). The crux of the applicant's proposed proceedings is set out in paras. 13 to 21 of the applicant's first affidavit. From what the applicant has provided for the proposed proceedings, it appears that the respondent and HSBC were p