5 Jul 2024
MAINLAND SYMBOL SDN BHD 1. ) PERBADANAN PENGURUSAN PUTERI PARK PLAZA 2. ) ALL STARS PROPERTY MANAGEMENT SDN BHD 3. ) Majlis Perbandaran Ampang Jaya
- Citation
- BA-24NCvC-2559-12/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCvC-2559-12/2023 (Mahkamah Tinggi)
The court found the plaintiff was denied its statutory right to vote at the EGM; non-compliance with sections 60(4) and 61(4) read with Regulation 31 (failure to comply with prescribed notice/recovery procedure) supported a presumption that no sum was due and payable and therefore the plaintiff could not be validly disqualified from voting; accordingly the EGM and its resolutions were declared void and a fresh EGM ordered with modifications to the relief sought, including appointment of an Administrator until a new Committee is elected.