5 Oct 2020
Dato' Dr. Lim Boon Ping Sun Pharmaceutical Sdn Bhd
- Citation
- WA-24NCC-337-08/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-337-08/2020 (Mahkamah Tinggi)
The court granted leave because the Plaintiff had locus and complied with the 30‑day notice; the affidavits and contemporaneous evidence raised credible and suspicious circumstances (incorporation of Sino Health, unexplained licence transfers, drastic profit decline) which the Defendant failed to dispel; the Plaintiff honestly believed there was a reasonable and arguable cause of action for breaches of fiduciary duties by Wong, Mazuriah and Gan, was not shown to be acting for a collateral purpose, and instituting the derivative action was prima facie in the company’s best interests; according…