21 Sept 2021
RISING SUN MACHINERY PARTS SDN BHD 1. ) PANG CHI CHIANG 2. ) PANG CHEE WEE 3. ) TAN BENG SIANG 4. ) DATCHE TRADE MARKETING SDN BHD
- Citation
- WA-24NCC-45-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-45-02/2021 (Mahkamah Tinggi)
The court found the plaintiff's pleaded complaints and sought reliefs were corporate wrongs against the 4th Defendant (misconduct/misappropriation) and the remedies sought (restitution of RM2,061,000 and reflective-loss compensation) were derivative in nature; therefore the Originating Summons was an abuse of process and was struck out under Order 18 Rule 19 ROC. Costs of RM8,000 awarded to defendants and plaintiff granted liberty to apply for leave to commence derivative proceedings under s347 CA 2016.