25 Oct 2023
LOW EAN NEE SNE MARKETING SDN BHD
- Citation
- W-02(NCC)(A)-1925-10/2021 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- W-02(NCC)(A)-1925-10/2021 (Mahkamah Rayuan)
The Court of Appeal held that the High Court erred in denying inspection on the merits because a director's right to inspect under s.245 is prima facie absolute and cannot be refused merely because the director is passive or hostile; however, because the appellant ceased to be a director by a directors' resolution after the High Court decision, she can no longer rely on s.245 or the Haw Par line of authority precluding ex-directors from invoking that statutory right, and therefore the appeal is dismissed without costs and High Court costs are set aside.