21 Sept 2023
Lee Quan Yoong 1. ) KOH HENG JIN HOLDINGS SDN BHD 2. ) WONG NYET FAH 3. ) KOH PENG CHYE 4. ) WONG NYET FAH, KOH SIEW LOON sebagai (Eksekutor dan Pemegang Amanah Estet Koh Heng Jin dan Pemegang Amanah dibawah Amanah Estet tersebut) 5. ) Koh
- Citation
- WA-22NCC-216-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-216-05/2021 (Mahkamah Tinggi)
The 1st plaintiff in her capacity as executor and trustee of the deceased's estate was not a registered member of the company because the deceased's shares had been transferred and a share certificate was issued in a third party's (LQY's) name; therefore she lacked locus standi to pursue an oppression claim under s346 CA 2016. Locus standi is a jurisdictional pre-condition which may be raised even if not pleaded. The claim was plainly and obviously unsustainable and academic (no shares available for purchase), so it was properly struck out under Order 18 r19(1) ROC 2012.