JUDGMENT

Shaik Daud Ismail JCA:

This is an appeal from the decision of the Miri High Court which had on 4 November 1997, dismissed the appellant's summons in chambers to intervene in a suit filed by the respondent company Syarikat Tingan Lumber Sdn. Bhd. (STL) against a company known as New Tingan Timber Sdn. Bhd. (NTT).

The respondent had filed a suit and a statement of claim dated 28 June 1995, against NTT claiming a sum of RM721,197.60 due from NTT to STL on an account stated and contained in a confirmation request dated 23 March 1994. The amount claimed was the balance of the price of logs sold and delivered by STL to NTT and for moneys paid to NTT's creditors at the request of NTT.

When the matter came up in the Miri High Court on 3 February 1996, judgment in default of appearance was entered against NTT which was founded on the failure of NTT to appear and on the admission of the debt by NTT. Subsequently STL issued a statutory notice under s. 218(1)(a) of the Companies Act 1965 , to wind up NTT as they could not pay their debts.

The appellant herein, a minority shareholder and a director of NTT, had, on 13 March 1996 received a copy of the statutory notice. He then called