JUDGMENT

Jeffrey Tan JCA:

(1) This is an appeal by the defendant/appellant, a firm of solicitors, against the orders pronounced in the application by the Liquidator of Inai Offshore & Marine Engineering Sdn Bhd (in liquidation) (hereinafter called Inai) for (i) a declaration that the sum of RM1,400,000 paid out of or transferred from the account of Inai to the (appellant) was void for contravention of s. 223 of the Companies Act 1965, and (ii) an order that the (appellant) do pay the sum of RM1,400,000 to Inai, where the learned judge allowed the liquidators application to the extent of "RM971,336 less 22% being a portion of RM1,400,000" (computed to RM757,642.08).

(2) To be more precise, the learned judge declared (i) that the sum of RM757,642.08 was paid or transferred to the appellant in contravention of s. 223 of the Companies Act 1965, but (ii) that the sum of RM642,357.92 was not paid or transferred to the appellant in contravention of the same said section. Thereupon, the learned judge ordered the appellant to pay RM757,642.08 to Inai (see order dated 30 July 2010 at p. 13 of the Appeal Record). Against that order, the appellant appealed. Inai also appealed (W02-2534-201