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COURT OF APPEAL PUTRAJAYA
WONG SIN FAN & ORS – Appellant
Versus
NG PEAK YAM & ANOR – Respondent
| Table of Content |
|---|
| 1. grounds for liquidator's removal (Para 1 , 2) |
| 2. corporate structure and history of litigation (Para 3 , 4 , 5 , 6 , 7 , 9 , 10 , 12) |
| 3. prior consents and their implications (Para 8 , 11 , 14 , 15 , 18 , 19) |
| 4. doctrine of issue estoppel (Para 17 , 20 , 21 , 31) |
| 5. principles for removal of liquidators (Para 34 , 36) |
| 6. unfitness and conflict of interest standard (Para 38 , 39 , 41 , 42) |
| 7. payments and obligations of liquidators (Para 50 , 51 , 52 , 56 , 57) |
| 8. delay in liquidation process (Para 74 , 75 , 76 , 78) |
| 9. final judgment and court orders (Para 79 , 80) |
The Appeal
[1] This is an appeal against the decision of the learned High Court Judge made on 15 September 2010, whereby he dismissed the appellants' application vide Notice of Motion dated 19 April 2010 in encl 368 made under s 232(1) of the Companies Act 1965 for an order to remove the respondents as liquidators of Folin Brothers Sdn Bhd and replace them with one Yeap Chang Chuan; for leave to commence misfeasance proceedings against the liquidators and other consequential orders as set out in the prayers.
The Appellants' Notice Of Motion (Enclosure 368)
[2] The appellants sought to remove the resp
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