Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory procedure s.348
  • 16 Nov 2022

    LIM BOON HAI MLF INGREDIENTS SDN BHD

    Citation
    JA-24NCC-3-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-24NCC-3-03/2022 (Mahkamah Tinggi)

    Court found plaintiff had locus under s.345, validly served 30‑day notice, delay after the notice was not fatal as s.348 contains no fixed time limit and Covid‑19 explained delay, and plaintiff produced prima facie credible evidence (police reports, alleged forgeries and falsified VHC) that the director breached fiduciary duties; applying Celcom and related authorities the plaintiff acted in good faith and showed the action was prima facie in the company’s interest, therefore leave under s.347 was granted.