12 Jan 2022
1. ) WAHBUNGA REALTY SDN BHD 2. ) YUM SDN BHD 3. ) BERJAYA REALTY SDN BHD 4. ) GRANDFOODS SDN BHD 5. ) LEAD ENTERPRISES SDN BHD 6. ) GRANNY'S KITCHEN SDN BHD 7. ) UNITED RAUB OIL PALMS SDN BHD 8. ) COASTAL REALTY SDN BHD Dato' Sri Andrew Ka
- Citation
- W-02(IM)(NCC)-2007-10/2017 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCC)-2007-10/2017 (Mahkamah Rayuan)
Claims against the 2nd to 11th defendants were struck out because they are not parties to the shareholders agreement and therefore not bound by it (privity of contract); the companies own their assets and shareholders have no proprietary rights in company assets; alleged trusts over shares cannot be enforced against companies via the register (Companies Act s110(4)); consequently there were no serious issues to be tried against those defendants and the interlocutory injunctions were unjustified and were set aside.