[1] This concerns a petition for the winding up of the respondent (documented in encl 1) and an application by the respondent to strike out the petition (encl 5). At the conclusion of the hearing of the striking out application, I dismissed the same and proceeded to hear the petition. I then decided to grant a winding- up order against the respondent, and highlighted the principal grounds for the decision. This judgment contains the full reasons for my decisions on both the striking out and the petition.

Key Background Facts

[2] The petitioner and the respondent are involved in the business of manufacturing and dealing with paint and ink dispensing machines. Following a business dispute between the parties, the matter was referred to the Court and a suit was initiated by the respondent in the High Court of Malaya at Shah Alam MT2-22-933-2001 ("the Suit"). The Suit originally named one Sim Chin Chuan ("Mr Sim") as the defendant. The petitioner was later added as a defendant.

[3] The essence of the claim of the respondent in the Suit was that Mr Sim, despite being the promoter of the respondent and even one of its initial directors and shareholders, and later whilst employed in March 20