12 Jan 2022
1. ) Tan Sri Dato' Kam Woon Wah 2. ) RAUB MINING & DEVELOPMENT COMPANY SDN BHD 3. ) RAUB OIL MILL SDN BHD 4. ) WAHBUNGA REALTY SDN BHD 5. ) YUM SDN BHD 6. ) BERJAYA REALTY SDN BHD 7. ) GRANDFOODS SDN BHD 8. ) LEAD ENTERPRISES SDN BHD 9. ) G
- Citation
- W-02(IM)(NCC)-795-04/2018 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCC)-795-04/2018 (Mahkamah Rayuan)
Claims against the 2nd to 11th defendants were struck out because they were not parties to the Shareholders Agreement and company law principles establish that companies own their assets separately from shareholders; therefore the plaintiff could not enforce the agreement against those companies. Consequently there were no serious issues to be tried against those defendants and the interlocutory/ad‑interim injunctions were set aside. The Court allowed appeals challenging the strike out decisions accordingly and dismissed the appeal challenging refusal to strike out the plaintiff's claim again…