26 May 2025
LEE WAI PING 1. ) MOHD TAUFIK BIN KAMIS 2. ) SERATA HIJAU SDN BHD
- Citation
- WA-24NCC-453-09/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-453-09/2024 (Mahkamah Tinggi)
The court found the Plaintiff complied with s348(2) by serving a specific notice, acted with good faith having discovered decisive documentary evidence only in October 2023, the causes of action against the First Defendant (breach of fiduciary duty, fraud, conspiracy) are distinct from prior proceedings against A & T so res judicata and multiplicity do not apply, there was no undue delay, and the proposed derivative claim has reasonable prospects of success; accordingly leave to commence derivative proceedings was granted and the Plaintiff permitted to control them, with costs awarded.