18 May 2021
Tan Han Kwan & 2 Lagi KSCH Property Sdn Bhd & 4 Lagi
- Citation
- WA-24NCC-425-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-425-09/2020 (Mahkamah Tinggi)
On the balance of probabilities the court was satisfied the plaintiffs honestly believed a good cause of action existed and that the complaints were not manifestly ill-founded; there was a reasonable basis to infer potential breaches (related party rental, unexplained payments, possible secret profits) and the wrongdoers controlled the company and were unwilling to act, therefore leave under s.348(4) CA 2016 was granted as the proposed derivative action was prima facie in the best interests of the company.