KARUNAKARAN A/L CHATU 1. ) PUVENENTHIRAN A/L GUNNASEKARAN 2. ) AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM 3. ) TAN SRI DATO' SRI (DR) MOHAMAD NORZA ZAKARIA

KARUNAKARAN A/L CHATU 1. ) PUVENENTHIRAN A/L GUNNASEKARAN 2. ) AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM 3. ) TAN SRI DATO' SRI (DR) MOHAMAD NORZA ZAKARIA

The court held that the dispute over TNS's membership with TM falls within the mediation/arbitration framework in TM's Article 26.1 and OCM's Article 22; OCM has power under its constitution to mediate such disputes. TM breached procedural fairness by failing to communicate its Council decision and reasons, and its inconsistent conduct precluded resisting mediation. The 1st Defendant's convening of the 17.11.2024 EGM was unconstitutional under TNS Constitution. Accordingly the court ordered OCM (with TM) to proceed to mediation via an independent mediator appointed by KLRCA/AIAC within 30 days and granted injunction/relief and costs as stated.

Citation
WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)
Parties
Plaintiff (suing as President of Taekwondo Negeri Selangor (tns)): KARUNAKARAN A/L CHATU; 1st Defendant (sued as President of Galaxy Taekwondo Club): PUVENENTHIRAN A/L GUNNASEKARAN; 2nd Defendant (sued as President of Taekwondo Malaysia (tm)): AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM; 3rd Defendant (sued as President of Olympic Council Malaysia (ocm)): TAN SRI DATO' SRI (DR.) MOHAMAD NORZA ZAKARIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 August 2025
Case Number
WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (civil) / Judgment on Originating Summons (grounds of Judgment)
Outcome
Originating Summons allowed in part
Legal Topics
Mediation, Membership Revocation, Natural Justice (procedural Fairness), Injunction, Conflict of Interest, Estoppel
Source Language
Malay/English
Sports Law Administrative Law Civil Procedure Equity and Remedies Mediation Membership Revocation Natural Justice (procedural Fairness) Injunction +2 more

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Parties

KARUNAKARAN A/L CHATU

Plaintiff (suing as President of Taekwondo Negeri Selangor (tns))

PUVENENTHIRAN A/L GUNNASEKARAN

1st Defendant (sued as President of Galaxy Taekwondo Club)

AZIZUL ANNUAR DATUK PATINGGI TAN SRI ADENAN SATEM

2nd Defendant (sued as President of Taekwondo Malaysia (tm))

TAN SRI DATO' SRI (DR.) MOHAMAD NORZA ZAKARIA

3rd Defendant (sued as President of Olympic Council Malaysia (ocm))

Procedural Posture

Originating Summons (civil) / Judgment on Originating Summons (grounds of Judgment)

Legal Issues

  1. 1 Whether OCM has authority under its constitution and TM's constitution to mediate the dispute between TNS and TM
  2. 2 Whether domestic remedies and internal dispute resolution must be exhausted before court intervention
  3. 3 Whether TM breached natural justice by failing to communicate its Council decision and reasons

Ratio Decidendi

The court held that the dispute over TNS's membership with TM falls within the mediation/arbitration framework in TM's Article 26.1 and OCM's Article 22; OCM has power under its constitution to mediate such disputes. TM breached procedural fairness by failing to communicate its Council decision and reasons, and its inconsistent conduct precluded resisting mediation. The 1st Defendant's convening of the 17.11.2024 EGM was unconstitutional under TNS Constitution. Accordingly the court ordered OCM (with TM) to proceed to mediation via an independent mediator appointed by KLRCA/AIAC within 30 days and granted injunction/relief and costs as stated.

Court Disposition

Originating Summons allowed in part

Orders

  • Declaration that the 1st Defendant's conduct in convening the EGM on 17.11.2024 was unconstitutional, procedurally improper and void
  • Order compelling the 2nd and 3rd Defendants to cause OCM to mediate the dispute between Taekwondo Negeri Selangor (TNS) and Taekwondo Malaysia (TM) through an independent mediator appointed by the Kuala Lumpur Regional Centre for Arbitration (KLRCA)/Asian International Arbitration Centre (AIAC) pursuant to TM and...