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. ) WONG KIE YIK 3. ) WONG KIE CHIE 4. ) PATRICK WONG HAW YEONG 5. ) PIERRE WONG HO ZHEN 6. ) ANNI
- Citation
- Q-02(NCvC)(W)-38-01/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- Q-02(NCvC)(W)-38-01/2020 (Mahkamah Rayuan)
The Court held that the Duomatic principle applies whether assent is given before or after the impugned act; contemporaneous documents (Form 11, Form 24, audited accounts), conduct at EGMs (including the 6 April 2013 EGM approving capitalisation which treated the issued shares as part of share capital), admissions in cross-examination, and lengthy delay established knowledge and acquiescence by the respondents. The High Court erred in requiring prior formal assent and in disregarding contemporaneous records. Appeals 42, 39 and 43 were allowed, High Court decisions set aside, and validation ap…