20 Sept 2020
GUAN LI SENG (MUAR) TILING SDN BHD (Company Registration No. : 710210-P) TEO SHEN YING (NO. K/P : XXXXXX-XX-XXXX) (trading under the name and style of Guan Li Seng Tiling & Trading) Business Registration No. : JR0033759-K And MM Tiling Ente
- Citation
- JB-22NCVC-62-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-22NCVC-62-09/2019 (Mahkamah Tinggi)
The writ action was not a valid derivative action because it failed to comply with Companies Act 2016 requirements (notably s348 notice and leave); no board or shareholder resolution existed and the facts did not justify invocation of the doctrine of necessity; consequently the parties who commenced and instructed solicitors lacked locus standi and the Deputy Registrar’s striking out of the writ was proper. The interlocutory application to remove solicitors was allowed and costs awarded.