22 Apr 2026
PDC ASSOCIATES SDN BHD 1. ) GOLDEN CRESCENT SDN BHD 2. ) PELABUHAN BAGAN DATOH SDN BHD
- Citation
- WA-24NCC-571-10/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-571-10/2025 (Mahkamah Tinggi)
The Originating Summons is dismissed because the applicant failed to establish 'not practicable' under s37 CA 2016 (the obstacle was substantive shareholder opposition, not procedural impossibility) and, alternatively, the application is barred by res judicata/abuse of process given the prior High Court and Court of Appeal decisions; Duomatic cannot displace mandatory statutory amendment procedure; the counterclaim for declaration of nullity is dismissed because the agreement being not binding on the company is distinct from being null and void; costs awarded to 1st Defendant RM25,000 on stan…