(JUDGMENT NO. 2)

This Appeal is to determine whether the High Court was right to order the winding-up of Fairview Schools Berhad (FSB). The judgment is now reported as Indrani a/p Rajaratnam & Others v. Fairview Schools Berhad [1997] 3 CLJ 460; [1997] 5 MLJ 267. For reasons which will follow later the salient facts have to be restated.

The Respondents in this Appeal were the Petitioners in the Court below. They are referred hereafter as the Petitioners. Their whole case was based on an assertion that the permit issued by Government to run the schools belonged to Ahmad Roose, P.S. Sundram (Sundram) and Dr. I.U. Malik (hereafter referred to as the Group of 3 or G3 for short). They claimed that FSB was merely a [Page 3] trustee of all its assets for the G3. They even claimed that the liabilities of FSB were the personal concern of the incumbent directors of FSB after the 11th November 1992.

The point of origin of these claims is a letter dated 28th July 1978 from the Ministry of Education (the Ministry's letter). There is a purported copy of the Ministry's letter dated 28th July 1978 annexed to Sundram's written submission (1st Volume Appeal Record page 79, 3rd Volume Appeal Record pa