TEOH SOO BENG v. GOLDEN CASTLE CITY SDN BHD & ORS AND ANOTHER CASE

[2018] 1 MLRH 583

TEOH SOO BENG v. GOLDEN CASTLE CITY SDN BHD & ORS AND ANOTHER CASE
High Court Malaya, Georgetown
Lim Chong Fong J
[Companies (Winding-Up) Petition No: 28-138-2007] [Originating Petition No: 26-1-2008]
29 December 2017

JUDGMENT

Lim Chong Fong J:

Introduction

[1] These are winding-up and oppression petitions against two related companies in respect of the Penang Autocity Phase 3 project at Taman Perindustrian Bukit Tengah.

[2] The petitioner ("Todd") in Companies (Winding-up) Petition no 28-138-2007 ("Winding-up Petition") is a member and ex-director of the company, Golden Castle City Sdn Bhd ("GCC").

[3] He is also the petitioner in Originating Petition no 26-1-2008 ("Originating Petition") (both collectively "Petitions"). Todd is a member and director of the company, Golden Highway-City Sdn Bhd ("GHC").

[4] In the Winding-up Petition, GCC is the 1st respondent. The 2nd respondent ("Gary") is a member and director of GCC. The 3rd respondent ("Bee Lee") is also a member and director of GCC. Gary and Bee Lee are married to each other.

[5] In the Originating Petition, GHC is the 1st respondent. The 2nd respondent is Gary. He is a member and director of GHC. The 3rd respondent is GCC.

[6] Todd claimed for the following reliefs in the Winding-up Petition:

(1) that Golden Castle City Sdn Bhd (681063-A) be wound up by the Court under s 218(1)(f) and/or (i) of the Companies Act 1965;

(2) that the Director General of Insolvency of the State of Malaya be appointed as the provisional liquidator of the company; and

(3) all the costs of this petition be paid by the 2nd and 3rd respondents to the petitioner on solicitor and client indemnity basis.

[7] Todd further claimed for the following reliefs in the Originating Petition:

(1) a declaration that the 2nd respondent (to the exclusion of the 1st respondent, the company), by reason of the matters set out in the petition herein:

(1.1) are conducting the affairs of the company in a manner that is oppressive to and/or in disregard of the interests of the members of the company, including the petitioner; and/ or

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