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 is governed by the internal dispute resolution clauses in the TM and OCM constitutions and the Sports Development Act and therefore OCM must be compelled to mediate the dispute through an independent mediator (KLRCA/AIAC); TM's failure to communicate the Council decision breached natural justice; the 1st Defendant's unilateral EGM was unconstitutional under TNS rules; given these findings reliefs sought in the originating summons relating to mediation and invalidation of the EGM were granted with costs.

Citation
WA-24NCvC-4419-11/2024 (Mahkamah Tinggi)
Parties
Plaintiff (suing as President of Taekwondo Negeri Selangor (wtf)): 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): 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 / Judgment
Outcome
Originating Summons allowed in part. Reliefs seeking declaration that 1st Defendant's EGM of 17.11.2024 was unconstitutional and order compelling OCM to mediate (via independent mediator appointed by KLRCA/AIAC) granted; costs awarded.
Legal Topics
Mediation, Natural Justice, Membership Dispute, Injunction, Conflict of Interest
Source Language
Malay/English
Sports Law Administrative Law Civil Procedure Association/constitutional Law Mediation Natural Justice Membership Dispute Injunction +1 more

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Parties

Karunakaran a/l Chatu

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

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)

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether domestic internal remedies must be exhausted before court intervention
  2. 2 Whether OCM has jurisdiction and duty to mediate the dispute between TNS and TM
  3. 3 Whether TM breached natural justice by failing to communicate reasons/decision on appeal

Ratio Decidendi

The court held that the dispute over TNS's membership is governed by the internal dispute resolution clauses in the TM and OCM constitutions and the Sports Development Act and therefore OCM must be compelled to mediate the dispute through an independent mediator (KLRCA/AIAC); TM's failure to communicate the Council decision breached natural justice; the 1st Defendant's unilateral EGM was unconstitutional under TNS rules; given these findings reliefs sought in the originating summons relating to mediation and invalidation of the EGM were granted with costs.

Court Disposition

Originating Summons allowed in part. Reliefs seeking declaration that 1st Defendant's EGM of 17.11.2024 was unconstitutional and order compelling OCM to mediate (via independent mediator appointed by KLRCA/AIAC) granted; costs awarded.

Orders

  • Declaration that the 1st Defendant's conduct in convening the EGM on 17.11.2024 was unconstitutional, procedurally improper and in contravention of the TNS Constitution
  • Order compelling the 2nd and 3rd Defendants (OCM and TM) to cause the dispute between TNS and TM to be mediated by an independent mediator appointed by the Kuala Lumpur Regional Centre for Arbitration (now AIAC) within 30 days from the date of this Order