9 Nov 2020
1. Fazal Ellahi Oli Mohamed 2. Abdul Careem s/o Oli Mohamed K.M. Oli Mohamed Sdn Bhd
- Citation
- WA-24NCC-251-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-251-07/2020 (Mahkamah Tinggi)
Leave was refused because applicants failed to establish essential wrongdoer control; they produced only suspicion and no prima facie evidence of secret profits or loss to the company; they failed the good faith test given inordinate delay, acquiescence (second applicant involvement in franchise), potential collateral motives and absence of an arguable case, and the proposed claim was not shown to be in the company’s best interests.