13 Dec 2022
KATHRYN MA WAI FONG (as the personal representative, executrix and trustee of the estate of the late Wong Kie Nai) 1. ) WONG KIE CHIE 2. ) DATUK WONG KIE YIK 3. ) OCARINA DEVELOPMENT SDN. BHD.
- Citation
- Q-02(W)-43-01/2020 (Mahkamah Rayuan)
- Court
- W
- Case number
- Q-02(W)-43-01/2020 (Mahkamah Rayuan)
The Court of Appeal held the Duomatic principle applies whether assent is given before or after the act; on the facts the respondents’ conduct (Forms lodged, audited accounts, AGM/EGM minutes, votes to capitalise shares and long delay) demonstrated knowledge and acquiescence amounting to unanimous informal assent; the High Court erred in requiring prior assent; accordingly appeals challenging the validity of the allotments were allowed and validation proceedings were unnecessary.