COUNSEL & SOLICITOR:
Lim Kian Leong (Low Chi Cheng) (Lim Kian Leong & Co) for the respondents
High Court
Companies and Corporations – Winding up – Just and equitable rule – Striking out petition – Petitioners claimed to be in a ’50:50 or equal quasi-partnership’ – Petitioner in another civil suit filed subsequent to the petition, has on oath claimed that the petitioners own 55.4{ea522eb49183a839418867043b740453be090fcd3d73faedf82b9b22b788b398} of the shares in the company and have sought rectification of the shares register – Multiple claims and take multiple stands on oath on the very same issue of their shareholding – Whether the petition has not been made in good faith with genuine belief in its merits – Whether there is res judicata and/or issue estoppel arising in relation to this present application by the respondents
Companies and Corporations – Winding up – Stay of proceedings – Striking out petition – Difference in principles for stay of proceedings from the principles of striking out – Whether the petition can be sustained and/or is an abuse of process – Whether the court is at liberty to consider the facts and issues raised, and come to a decision independent of the decision on stay