13 Dec 2022
KATHRYN MA WAI FONG (as the personal representative, executrix and trustee of the estate of the late Wong Kie Nai) 1. ) OCARINA DEVELOPMENT SDN. BHD. 2. ) WONG KIE YIK 3. ) WONG KIE CHIE 4. ) PATRICK WONG HAW YEONG 5. ) PIERRE WONG HO ZHEN
- Citation
- Q-02(NCvC)(W)-41-01/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- Q-02(NCvC)(W)-41-01/2020 (Mahkamah Rayuan)
The Court of Appeal held that the Duomatic principle applies whether assent is given before or after the impugned act; the High Court erred in requiring prior assent; on the facts the respondents by their conduct and contemporaneous records (Forms 11 and 24, audited accounts, EGMs including the 6 April 2013 EGM) demonstrated knowledge, acquiescence and ratification of the issued shares, so the appeals to nullify the issuances failed and the High Court’s orders were set aside; appeals nos. 42, 39 and 43 were allowed.