11 Nov 2024
JAMES KHONG POH WAH 1. ) YEE YOKE KEEN 2. ) THAM KWOK SANG 3. ) SOLIDUZ RESOURCES SDN BHD 4. ) HYDROGEN TECH SDN BHD 5. ) GALAXY FCT SDN BHD
- Citation
- WA-24NCC-522-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-522-09/2023 (Mahkamah Tinggi)
The requisitioned EGM was invalid because the matter (removal of the plaintiff) was moved at a board meeting under 'Any Other Matters' without prior notice contrary to the company's constitution adopting the Third Schedule, the 1st defendant could not validly invoke s.313 as there was no prior valid requisition under s.311 and no failure by directors under s.312, and the statutory special notice requirement under s.322(1) for removal of a director (28 days) was not complied with; the Collaboration Agreement's restraint on taking Reserved Matters without both parties' prior written consent is…