in the court of appeal malaysia (appellate jurisdiction)

3. costs of and occasioned by this application and the
Petition be borne and paid by the Petitioner,
The reasons behind this application are as follows:
1. the Petition does not disclose any reasonable cause
of action against the 2 nd and 3 rd Respondents;
2. the Petition does not comply with the requirements
and provisions of Section 181 of the Companies
Act 1965;
3. the Petition does not fall within the confines of
Section 181 of the Companies Act 1965;
4. this application is further supported by the
Affidavit in Opposition of the Petition of the 2 nd
and 3 rd Respondents affirmed by Yong Siew Kat
on 6 th July 2004.”
On 29 th October 2004, the learned judge dismissed the motion by the
2 nd and 3 rd respondents.
Before the hearing of the petition the parties filed a Statement of
Agreed Facts which read as follows:
THE RESPONDENTS
“STATEMENT OF AGREED FACTS
1. The 1 st Respondent was incorporated on 24 June 1998
under the Companies Act, 1965 (Act 125) with its
registered office at Basement Floor, Centre Point Sabah,
No. 1, Jalan Centre Point, 88000 Kota Kinabalu, Sabah,
Malaysia.
2. The authorized share capital of the 1 st Respondent is
divided into 5,000,000 ordinary shares of RM1.00 each
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