Ramly Ali J:

[1] Enclosure 117 is an application by contributory of the respondent company ie, Mr Chin Cheen Foh (the applicant) to remove the liquidator of the respondent (Mr Ong Tee Chow) pursuant to s 232 of the Companies Act 1965.

[2] In addition to being a contributory, the applicant is also interested in the affairs of the respondent as a creditor vis-a-vis Messrs TH Jaya Marketing, a business wholly owned by Mr Chin Cheen Foh.

[3] The applicant has raised five grounds in his application ie:

(a) Failure to prepare accounts as required;

(b) Selected payment to one of the creditors namely the 2nd intervener;

(c) Bias by the liquidator against the applicant in rejecting a proof of debt filed by Messrs TH Jaya Marketing (which is wholly owned by the applicant);

(d) The liquidator does not have the confidence of the majority of the creditors and contributories;

(e) There is an appeal by the interveners against the refusal of their application to remove the liquidator.

Res Judicata/Issue Estoppel

[4] The intervenes had previously filed an application to remove the same liquidator (encl 95).