28 Oct 2024
VIGNA RAJ A/L SITHAMPARANATHAN 1. ) METRO ELDERCARE SDN BHD 2. ) RAMESH SIVARAJ A/L RAJASINGAM CHELLIAH
- Citation
- BA-22NCvC-469-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-469-11/2023 (Mahkamah Tinggi)
The High Court struck out the suit under Order 18 r 19 because the plaintiff had commenced the derivative action in his personal name contrary to mandatory provisions of the Companies Act 2016 (s.347/s.348), the required statutory framework and time limit were not observed, and permitting the amendment would change the character of the suit, prejudice defendants and amount to an abuse of court process; therefore the claim was plainly unsustainable and properly struck out.