SIAH TEONG CHEIN KUALA LUMPUR GOLF & COUNTRY CLUB BERHAD

SIAH TEONG CHEIN KUALA LUMPUR GOLF & COUNTRY CLUB BERHAD

Plaintiff admitted prolonged non-payment; the Club complied with its prospectus/regulations including deemed service of notices and the prescribed suspension, withdrawal and termination timeline; termination was therefore lawful and reinstatement was not warranted; appeal dismissed with costs.

Citation
WA-12ANCvC-12-01/2023 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Siah Teong Chein; Respondent / Defendant: Kuala Lumpur Golf & Country Club Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 January 2024
Case Number
WA-12ANCvC-12-01/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (originating Summon From Sessions Court) / High Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Termination of Membership, Non Payment of Subscriptions, Service of Notices, Reinstatement of Membership
Source Language
Malay/English
Contract Civil Procedure Association/club Law Termination of Membership Non Payment of Subscriptions Service of Notices Reinstatement of Membership

Case Brief

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Parties

Siah Teong Chein

Appellant / Plaintiff

Kuala Lumpur Golf & Country Club Berhad

Respondent / Defendant

Procedural Posture

Civil Appeal (originating Summon From Sessions Court) / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether non-payment of subscriptions amounts in law to resignation by inertia
  2. 2 Whether suspension, withdrawal and termination complied with the Club's Regulations
  3. 3 Whether the Regulations permit reinstatement after termination

Ratio Decidendi

Plaintiff admitted prolonged non-payment; the Club complied with its prospectus/regulations including deemed service of notices and the prescribed suspension, withdrawal and termination timeline; termination was therefore lawful and reinstatement was not warranted; appeal dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of RM10,000 subject to allocatur