24 Sept 2020
1. Ng Kiat Lian 2. Monica Ng O-Lan 3. Ng Swat Lan Ng Chin Siu & Sons Rubber Estates Sdn. Bhd.
- Citation
- WA-22NCC-159-05/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-159-05/2017 (Mahkamah Tinggi)
Article 120’s phrase 'or otherwise' is confined to sums analogous to calls i.e. matters relating to unpaid amounts on shares; NCS could not lawfully withhold dividends on the basis of general allegations about fixed deposits or alleged misconduct. On the balance of probabilities the court found 'Ng Beh Goh' and 'Ng Ah Bah' to be the alias of Ng Kee Wei, and there was insufficient evidence that Ng Beh Tong alone breached fiduciary duties or that NCS exercised due diligence was prevented from suing earlier; therefore NCS’s substantive counterclaims are time‑barred and unproven and dividends mus…