Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Leave under s347/s348 companies act 2016

Legal area

Court

1 Apr 2024

SHOON WUI CHIN 1. ) CHAN KIEN WOH 2. ) SANJUNG CEKAP SDN. BHD.

Citation

BA-24NCC-5-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-5-01/2023 (Mahkamah Tinggi)

The court granted leave because the plaintiff satisfied the statutory prerequisites (30‑day notice), demonstrated an honest belief backed by documentary material giving rise to an arguable case of misappropriation and misconduct by the director, and showed that pursuing the claim is prima facie in the best interest of the company; the application was not frivolous nor tainted by collateral purpose.
5 Oct 2020

Dato' Dr. Lim Boon Ping Sun Pharmaceutical Sdn Bhd

Citation

WA-24NCC-337-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-337-08/2020 (Mahkamah Tinggi)

The court granted leave because the Plaintiff had locus and complied with the 30‑day notice; the affidavits and contemporaneous evidence raised credible and suspicious circumstances (incorporation of Sino Health, unexplained licence transfers, drastic profit decline) which the Defendant failed to dispel; the Plaintiff honestly believed there was a reasonable and arguable cause of action for breaches of fiduciary duties by Wong, Mazuriah and Gan, was not shown to be acting for a collateral purpose, and instituting the derivative action was prima facie in the company’s best interests; according…