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2010 MarsdenLR 2766

FEDERAL COURT PUTRAJAYA
UEM GROUP BHD – Appellant
Versus
GENISYS INTEGRATED ENGINEERS PTE LTD & ANOR – Respondent


Petitioner Advocates:Dominic Putchucheary,Firoz Hussein,Malik Imtiaz Sarwar,Cheng Mai ,Respondent Advocate: Gideon Tan,Cherrien Chan,Lee Wan Ning

Table of Content
1. overview of appeals by uem group. (Para 1 , 2 , 3)
2. background of joint venture agreement and disputes. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. high court findings on uem's petition. (Para 13 , 14 , 15)
4. court of appeal's response and orders. (Para 16 , 17 , 18 , 19 , 20)
5. uem's leave to appeal and questions raised. (Para 21 , 22 , 23)
6. arguments on the trial judge's credibility assessments. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30)
7. critique of court of appeal's reliance on documents. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39)
8. final decisions on the appeals. (Para 40 , 41 , 42 , 43 , 44)
Raus Sharif FCJ:

Introduction

[1] There are two appeals before us: Rayuan No 2-31-2009 (1st appeal) and Rayuan No 02-32-2009 (2nd appeal). Both appeals are by UEM Group Berhad (formerly known as United Engineers (Malaysia) Berhad).

[2] The 1st appeal was directed against the decision of the Court of Appeal on 14 July 2008. The Court of Appeal had reversed the decision of the High Court in granting a winding up petition by United Engineers (Malaysia) Bhd ("UEM") against UEM Genisys Sdn Bhd ("UEG"). The High Court had earlier found that the affairs of UEG were being

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