Malaysia Case Law: Decisions & Judgments

Topic

Appointment of company secretary

Legal area

Court

23 Aug 2023

MAH YUEN SHI 1. ) WONG KOON HUNG 2. ) WONG KIEN CHOONG 3. ) MAK CHOOI PENG 4. ) MASERA REALTY SDN BHD

Citation

WA-24NCC-831-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-831-08/2022 (Mahkamah Tinggi)

Members' Written Resolution dated 20.7.2022 was invalid to appoint an additional director because Article 67 required appointment by ordinary resolution passed at a general meeting and s302(2)(a) renders a written resolution ineffective where inconsistent with the constitution; appointment of the company secretary by members' written resolution was invalid because Articles and s236 vest that power in the board. The 1st Defendant's conduct in effecting those appointments and withholding company information amounted to oppressive conduct under s346 CA 2016; consequent reliefs including setting…
12 Jul 2022

Kanesin A/l S.v. S. Sappaniapply 1. ) VYTHILINGAM A/L SAPPANI 2. ) PERUMAL SUNDERAN A/L VYTHILINGAM 3. ) PONNAMAL ESTATE SDN BHD

Citation

BA-22NCC-81-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-81-10/2018 (Mahkamah Tinggi)

The court found the Plaintiff failed to establish a fiduciary duty owed by the 1st and 2nd Defendants and that repayment obligations under the BIC rested on the Estate of Ponnamal; the appointments of the company secretaries were valid as the directors' resolution was properly signed; the Plaintiff's removal as director was invalid because the Defendants failed to prove the special notice was received; consequently the court granted declarations setting aside the removal and reinstated the Plaintiff and dismissed the Defendants' counterclaim.

Malaysia Case Law

MAH YUEN SHI 1. ) WONG KOON HUNG 2. ) WONG KIEN CHOONG 3. ) MAK CHOOI PENG 4. ) MASERA REALTY SDN BHD

Kanesin A/l S.v. S. Sappaniapply 1. ) VYTHILINGAM A/L SAPPANI 2. ) PERUMAL SUNDERAN A/L VYTHILINGAM 3. ) PONNAMAL ESTATE SDN BHD