25 Aug 2020
FARIDAH BINTI MOHAMED TAN HUAN HING
- Citation
- JA-24NCVC-307-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24NCVC-307-05/2019 (Mahkamah Tinggi)
The Applicant lacked locus standi to pursue a derivative action because she did not obtain leave under s.347/348 Companies Act 2016 nor any board or shareholder resolution and failed to discharge the burden to justify reliance on the Doctrine of Necessity; consequently the originating summons was dismissed, but the Respondent—whose uncontested affidavit shows he paid company liabilities—was entitled to certified company documents for the period he served as director and to repayment by the company of monies he paid, to be assessed by the Registrar.