1 Nov 2021
DATO' CHAN KON TAK MALAYA HARVEST SDN BHD
- Citation
- WA-24NCC-206-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-206-05/2021 (Mahkamah Tinggi)
The originating summons for leave to commence a derivative action is dismissed because the plaintiff failed to prove on the balance of probabilities that he acted in good faith (allegations were speculative, lacked supporting evidence and the applicant had a conflict of interest through his role in Shanghai Youxiang) and because the proposed action was not prima facie in the best interest of the company (company had ceased business, little practical commercial gain and the plaintiff sought indemnity for costs which would financially burden the company).