LE APPLE BOUTIQUE HOTEL SDN BHD vs KEEN SOLUTION SDN BHD & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 701

COURT OF APPEAL PUTRAJAYA
LE APPLE BOUTIQUE HOTEL SDN BHD – Appellant
Versus
KEEN SOLUTION SDN BHD & ANOTHER APPEAL – Respondent

Petitioner Advocates:Gavin Jayapal ,Respondent Advocate: Gan Khong Aik,Gwee Xi Wen

Table of Content
1. the underlying motives for the winding-up petition must be examined. (Para 1 , 5 , 15 , 20)
2. the court analyzes the nature and intent of the petition. (Para 2 , 3 , 4 , 14 , 30)
3. the justiciability of ongoing litigation is central to the petition's validity. (Para 17 , 19 , 22 , 23)
4. the appeal leads to the reversal of the winding-up order. (Para 51 , 52)

Azimah Omar JCA:

A. Factual Background Of The Appeal

[1] There are two Appeals before us namely;

i) Rayuan Sivil No: W-02(NCC)(A)-1004-06/2022 ("Appeal 1004") and

ii) Rayuan Sivil No: W-02(NCC)(A)-1113-06/2022 ("Appeal 1113").

[2] Both Appeals concern a winding up petition which was allowed by the learned Judicial Commissioner (the learned JC) at the Kuala Lumpur High Court on the grounds of justice and equitability in view of an alleged lapsing of the company's purpose or business as well as the alleged breakdown of trust and confidence of management.

[3] On the other hand, the Appellants (Respondents in the Petition proceedings below) contested against the winding up of the company under the contention that the entire Petition was not at all a genuine seek of legal redress and was in actuality driven by mala fide

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2023 MarsdenLR 701

COURT OF APPEAL PUTRAJAYALE APPLE BOUTIQUE HOTEL SDN BHD – AppellantVersusKEEN SOLUTION SDN BHD & ANOTHER APPEAL – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
LE APPLE BOUTIQUE HOTEL SDN BHD – Appellant
Versus
KEEN SOLUTION SDN BHD & ANOTHER APPEAL – Respondent