FEDERAL COURT PUTRAJAYA
WONG SIN FAN & ORS – Appellant
Versus
NG PEAK YAM & ANOR – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and factual background. (Para 1 , 1 , 3 , 4 , 5 , 6 , 7) |
| 2. contentions regarding the interpretation of r 173. (Para 2 , 11) |
| 3. court's analysis and application of law on liquidator's removal. (Para 8 , 9 , 10) |
[1] This is an appeal by the appellants against the decision of the Court of Appeal on the 5 May 2011 in dismissing the appellants' appeal against the decision of the High Court dismissing the appellants' application vide Notice of Motion ("encl 368") pursuant to s 232 of the Companies Act 1965 ("the Act") to remove and replace Ng Peak Yam, the 1st respondent and Dato' Khoo Peng Lai, the second respondent as liquidators of a company known as Folin and Brothers Sdn Bhd ("Folin").
Leave To Appeal
[2] The appellants sought for leave to appeal against the decision of the Court of Appeal to the Federal Court and leave was granted on the following question of law:
"Does r 173 of the Companies (Winding-Up) Rules 1972 ("the Rules") prohibit payment of all the solicitors bills paid by the respondents from the assets of Folin and Brothers Sdn Bhd (in liquidation) to their solicitors, unless the said solicitors bills have been considered and allowed
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