Hj Mohd Jemuri Serjan CJ (Borneo):

[1] This is an interlocutory appeal by a group of minority shareholders following the dissolution of an ex parte interlocutory injunction granted on 2 April 1993 by the High Court, Penang by the same Judge who granted the ex parte interlocutory judgment. On the application by the defendants to set it aside ex facie this case would belong to the normal run of interlocutory injunction cases but for the unorthodox procedure adopted by the defendants and approved by the learned Judge in obtaining the dissolution of the interlocutory injunction. The affidavits filed by both parties in the interlocutory proceedings raise the spectre of difficult points of law and facts. It is to be noted that at this stage of the proceedings the defendants have not as yet filed their defence. It is also to be noted that only Sey Hoe Sdn Bhd, the first defendant, and not its directors, other than Lim Cheng Teek @ Lim Chin Teik who is also the managing director of the company, are cited as defendants. It is necessary to recount the facts of the case as they appear from the statement of claim and the affidavits of the plaintiffs.

Facts Of The Case

[2] The plaintiffs (