9 Mar 2022
1. ) NURUL HAFIS BIN MOHMAD AZMI 2. ) PUNCAK MAHAWANGSA SDN BHD 1. ) MOHD FAIZ HASSAN BIN DATO' MOHD AMIN 2. ) Suruhanjaya Syarikat Malaysia (SSM)
- Citation
- JA-24NCvC-272-04/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24NCvC-272-04/2019 (Mahkamah Tinggi)
The application was dismissed because the First Plaintiff plainly breached the statutory quorum requirement; there was no reliable evidence of condonation by SSM (no formal written assurance and disputed company secretary identity); the correct remedy would have been an application under section 314 or relief under sections 581/582, and validating the irregular EGM would frustrate statutory enforcement by SSM; therefore declarations could not be granted and the application was dismissed with costs.