24 Apr 2025
SHAKIB BIN ABU BAKAR BANAFEE 1. ) AWH INTERNATIONAL LOGISTICS SDN. BHD. 2. ) MOHD AZIZUL BIN MOHD NASIR 3. ) AHMAD AKID BIN NOOR AZLEE
- Citation
- JA-24NCC-29-07/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24NCC-29-07/2024 (Mahkamah Tinggi)
The originating summons was struck out because on the face of the materials it was plainly unsustainable: plaintiff's standing as a complainant is contested in pending Suit 37 making the OS premature; plaintiff failed to exhaust internal company remedies (no meeting or requisition under ss.310–311 CA 2016 and internal presentation prior to statutory notice) which is essential in derivative actions; the claims materially duplicated existing proceedings (Suit 67 and Suit 37) and amounted to multiplicity/abuse of process; accordingly Order 18 r.19(1)(b) and (d) empowered the court to strike out…