1. ) DATO' ABDUL RAZAK BIN ABDUL 2. ) HAJI ABDUL AZIZ BIN ABDUL 3. ) YAP CHI KEONG 1. ) SURUHANJAYA SYARIKAT MALAYSIA 2. ) FEDERAL POWER SDN. BHD. PENCELAH 1. ) NG ENG KEONG 2. ) CHE AZIZI BIN CHE WIL 3. ) SARIDUN BIN ISMAIL

1. ) DATO' ABDUL RAZAK BIN ABDUL 2. ) HAJI ABDUL AZIZ BIN ABDUL 3. ) YAP CHI KEONG 1. ) SURUHANJAYA SYARIKAT MALAYSIA 2. ) FEDERAL POWER SDN. BHD. PENCELAH 1. ) NG ENG KEONG 2. ) CHE AZIZI BIN CHE WIL 3. ) SARIDUN BIN ISMAIL

The originating summons was dismissed because plaintiffs failed to prove effective resignations on 27 August 2016 and failed to establish that replacements were validly appointed with required consents and statutory declarations; although the court found the action was not time‑barred and that procedural non‑compliance with a Practice Note did not fatal, granting the declaratory relief sought would contravene statutory provisions (notably s122 CA 1965 and director appointment requirements) and therefore could not be made.

Citation
WA-24NCC-365-07/2023 (Mahkamah Tinggi)
Parties
Plaintiff: DATO' ABDUL RAZAK BIN ABDUL; Plaintiff: HAJI ABDUL AZIZ BIN ABDUL; Plaintiff: YAP CHI KEONG; 1st Defendant: COMPANIES COMMISSION OF MALAYSIA; 2nd Defendant: FEDERAL POWER SDN BHD; 3rd Defendant: NG ENG KEONG; 4th Defendant: CHE AZIZI BIN CHE WIL; 5th Defendant: SARIDUN BIN ISMAIL
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 May 2024
Case Number
WA-24NCC-365-07/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons / Judgment
Outcome
Originating summons dismissed
Legal Topics
Rectification of Statutory Registers, Directorship and Appointment, Limitation, Companies Commission Appeals, Compliance With Companies Act
Source Language
Malay/English
Company Law Commercial Litigation Civil Procedure Equity Rectification of Statutory Registers Directorship and Appointment Limitation Companies Commission Appeals +1 more

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Parties

DATO' ABDUL RAZAK BIN ABDUL

Plaintiff

HAJI ABDUL AZIZ BIN ABDUL

Plaintiff

YAP CHI KEONG

Plaintiff

COMPANIES COMMISSION OF MALAYSIA

1st Defendant

FEDERAL POWER SDN BHD

2nd Defendant

NG ENG KEONG

3rd Defendant

CHE AZIZI BIN CHE WIL

4th Defendant

SARIDUN BIN ISMAIL

5th Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether action is time‑barred by Limitation Act
  2. 2 Whether procedural requirements under s602 CA 2016 were complied with
  3. 3 Whether plaintiffs effectively resigned as directors on 27 August 2016

Ratio Decidendi

The originating summons was dismissed because plaintiffs failed to prove effective resignations on 27 August 2016 and failed to establish that replacements were validly appointed with required consents and statutory declarations; although the court found the action was not time‑barred and that procedural non‑compliance with a Practice Note did not fatal, granting the declaratory relief sought would contravene statutory provisions (notably s122 CA 1965 and director appointment requirements) and therefore could not be made.

Court Disposition

Originating summons dismissed

Orders

  • Originating summons dismissed
  • Costs of RM5,000 to be paid by the plaintiffs to each defendant