ER KA WEI 1. ) LADANG S.W. SUNGAI RENTUNG SDN BHD 2. ) SEE HONG CHEEN @ SEE HONG CHEN 3. ) TAN LAM KOO 4. ) KOK YOON HEE

ER KA WEI 1. ) LADANG S.W. SUNGAI RENTUNG SDN BHD 2. ) SEE HONG CHEEN @ SEE HONG CHEN 3. ) TAN LAM KOO 4. ) KOK YOON HEE

The Plaintiff, as director, is entitled to inspect and copy the company records on a bona fide basis; the Originating Summons is allowed with costs and the Defendants must produce all documents in Annexure A in their possession or control within 14 days or file detailed affidavits of non‑existence; inspection to be conducted by the Plaintiff's approved auditor under confidentiality and reasonable copying conditions.

Citation
BA-24NCC-115-10/2025 (Mahkamah Tinggi)
Parties
Plaintiff: Er Ka Wei; First Defendant: Ladang S.W. Sungai Rentung Sdn Bhd; Second Defendant: See Hong Cheen @ See Hong Chen; Third Defendant: Tan Lam Koo; Fourth Defendant: Kok Yoon Hee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2026
Case Number
BA-24NCC-115-10/2025 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (company Records Inspection) / Judgment on Originating Summons
Outcome
Originating Summons allowed with costs
Legal Topics
Inspection of Company Records, Directors' Right of Inspection, Statutory Retention of Records, Affidavit of Non‑existence, Confidentiality and Auditor‑assisted Inspection, Admissibility and Translation of Foreign Language Exhibits
Source Language
Malay/English
Company Law Civil Procedure Evidence Inspection of Company Records Directors' Right of Inspection Statutory Retention of Records Affidavit of Non‑existence Confidentiality and Auditor‑assisted Inspection +1 more

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Parties

Er Ka Wei

Plaintiff

Ladang S.W. Sungai Rentung Sdn Bhd

First Defendant

See Hong Cheen @ See Hong Chen

Second Defendant

Tan Lam Koo

Third Defendant

Kok Yoon Hee

Fourth Defendant

Procedural Posture

Originating Summons (company Records Inspection) / Judgment on Originating Summons

Legal Issues

  1. 1 Whether the applicant as director/contributory is entitled to inspect company records
  2. 2 Whether the applicant has a bona fide purpose to inspect
  3. 3 Whether the respondents proved an improper/ulterior purpose to deny inspection

Ratio Decidendi

The Plaintiff, as director, is entitled to inspect and copy the company records on a bona fide basis; the Originating Summons is allowed with costs and the Defendants must produce all documents in Annexure A in their possession or control within 14 days or file detailed affidavits of non‑existence; inspection to be conducted by the Plaintiff's approved auditor under confidentiality and reasonable copying conditions.

Court Disposition

Originating Summons allowed with costs

Orders

  • Originating Summons allowed with costs.
  • Defendants jointly and severally to produce and make available for inspection by the Plaintiff and Plaintiff's approved auditor WH & Co, Ng Wai Hoong, at the registered office of the 1st Defendant or other agreed location, all documents, records and papers described in Annexure A that are in the possession, custody...