13 Dec 2022
KATHRYN MA WAI FONG (as the personal representative, executrix and trustee of the estate of the late Wong Kie Nai) 1. ) WTK REALTY SDN. BHD. 2. ) SOUTHWIND PLANTATION SDN. BHD.
- Citation
- Q-02(W)-44-01/2020 (Mahkamah Rayuan)
- Court
- W
- Case number
- Q-02(W)-44-01/2020 (Mahkamah Rayuan)
The Court of Appeal held that the Duomatic principle applies irrespective of whether unanimous assent was given before or after the issuance; evidence (Forms lodged, audited accounts, AGM/EGM minutes and conduct including voting to capitalise share capital) established knowledge and assent by the other shareholders such that the High Court erred in requiring prior formal assent; appeals against nullification of share allotments were allowed and validation proceedings rendered unnecessary; costs awarded to appellants.