17 Aug 2023
1. ) Datuk Beh Kim Ling 2. ) V.S. Industry Berhad NEP Holdings (Malaysia) Berhad
- Citation
- WA-24NCC-43-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-43-01/2022 (Mahkamah Tinggi)
The Originating Summons was allowed because s.245 CA 2016 and common law give a director an almost absolute right to inspect accounting and other records (including relevant subsidiary records) and the Defendant failed to prove 'clear proof' that inspection would be abused; the 2nd Plaintiff's contractual rights to consolidated accounts under the Shareholders' Agreement must be enforced; the right to inspect includes the right to obtain copies and to appoint an approved auditor to inspect on the director's behalf.