in the court of appeal malaysia (appellate jurisdiction)

4. The 2 nd Respondent’s group corporate structure shows
that it has numerous other wholly owned subsidiary
companies operating as departmental stores and/or
supermarket stores.
5. The 3 rd Respondent, Ms Yong Siew Kat, is the Chief
Executive Officer of the 2 nd Respondent and a director of
the 1 st Respondent.
THE HISTORICAL BACKGROUND OF 1 st RESPONDENT
6. The 1 st Respondent is in essence a joint-venture company
and was formed in order for both the Petitioner and the
2 nd Respondent to operate a departmental store and
supermarket at the lower ground, ground, first and
second floors, measuring altogether approximately
112,577 sq ft, of a multi-purpose complex called Centre
Point Sabah (“the Premises”).
7. The formation of the 1 st Respondent was pursuant to a
Joint Venture Agreement in writing entered into on 10
July 1998 between the Petitioner and the 2 nd Respondent.
8. The terms and conditions of the Joint Venture Agreement
to operate the departmental store and supermarket under
corporate umbrella of the 1 st Respondent, inter alia, are as
follows:
‘2.1 Joint Venture
The parties mutually agree to form the Company to
enter into a joint venture:
2.1:1 to set up and operate the Department Store
at the Premises;
2.1:2 to enter into the Sublease for the Premises
and to purchase the Assets from SUNYAP
DEVELOPMENT SDN BHD; and
2.1:3 to carry out the obligations mutually agreed
by each party under this agreement.
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