JUDGMENT

Yew Jen Kie (JCA):

[1] This is an appeal by the Appellant against the decision of the learned Judicial Commissioner, given on 3 December 2017, in granting the winding up order against the ZZ Holdings.

[2] The winding up petition filed by ZZ Trading is premised on the just and equitable ground under s 218(1)(i) of the Companies Act 1965 and the complaint is that there is a breakdown of trust and confidence among the members of ZZ Trading and ZZ Holdings.

Background Facts

[3] Gleaning from the Petition dated 15 April 2016 [Record of Appeal vol 1 - part A & B, pages 8-23], the background facts can be summarised as follows.

[4] The patriarch of the family, the late Kwan Chee Hang and his wife, Wong Nyuk Ching incorporated Kwan Chee Hang Sdn Bhd ["KCHSB"] on 14 September 1981. The primary business of KCHSB was in property letting business and to act as investment holding company. Besides the late Kwan Chee Hang and his wife, their two sons, namely, Kwan Hiuang @ Kwan Huang Cheng ["Michael"] and Kwan Hung Cheong ["Matthew"] were also involved in this family business.

[5] KCHSB thereafter incorporated ZZ Trading on 25 April 1994 [formerly known as Zung Zang Wood Product Sdn