28 Mar 2022
ICAPITAL.BIZ BERHAD CITY OF LONDON INVESTMENT MANAGEMENT COMPANY LIMITED
- Citation
- WA-24NCC-517-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-517-11/2021 (Mahkamah Tinggi)
The term "member"/"shareholder" in paragraph 21(2) of the Company Constitution is unambiguous and refers to registered holders whose names appear on the Register/Record of Depositors; statutory disclosure as a substantial shareholder under CA 2016 and regulatory distinctions between ownership and control do not convert a non-registered controller into a member; therefore the Defendant is not a "shareholder" for the purposes of paragraph 21(2) and the Plaintiff's claims based on that proposition fail; consequentially the Originating Summons and related injunction application are dismissed and…