6 Nov 2025
TEH CHEE HOE SOUTH MALAYSIA INDUSTRIES BERHAD
- Citation
- WA-24NCC-327-06/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-327-06/2025 (Mahkamah Tinggi)
The plaintiff lacked the statutory right to compel circulation at the time of instituting proceedings because he did not meet the 2.5% shareholding threshold and failed the 28-day advance-notice timing in s323; the proceedings were premature as the company's board had not finally refused circulation and was actively considering the notice and seeking legal advice; the combination amounted to an abuse of process warranting dismissal and striking out of the originating summons and related interlocutory application.