Mohd Jemuri Serjan CJ (Borneo):

[1] In the High Court the plaintiffs, Tang Eng Iron Works Co Ltd (respondents before us) took out an originating summons under O 88 r 2 of the Rules of the High 1980 in an application under s 304(1) of the Companies Act 1965 seeking the following declarations:

(1) A declaration that the business of Har Lee Enterprise Sdn Bhd has been carried on with intent to defraud creditors of the defendants;

(2) A declaration that the said (1) Ting Ling Kiew and (2) Ting Ling Hoe shall be personally responsible without any limitation of liability, for all of the debts or other liabilities of the said Har Lee Enterprise Sdn Bhd.;

(3) An order that the said (1) Ting Ling Kiew and (2) Ting Ling Hoe do repay to the plaintiffs the sum comprised in the Arbitration Award dated 20 May 1988, viz the sum of Malaysian Ringgit Four Million One Hundred And Sixty-Five Thousand One Hundred And Forty-Five And Cents Eighty (RM4,165,145.80) only together with interest thereon at the rate of 8% per annum from the date of the said Arbitration Award until the date of full and final settlement; cost of the plaintiffs and of the said Arbitration; costs of the Arbitration Award tax