Malaysia Case Law: Decisions & Judgments

Topic

Rectification of statutory registers

Legal area

Court

12 Aug 2024

HALIM BIN OTHMAN 1. ) NORIDA BINTI HAMZAH 2. ) MOHD AMMAR BIN MOHD HAMIDI 3. ) AEROTREE FLIGHT SERVICES SDN BHD

Citation

WA-24NCC-15-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-15-01/2024 (Mahkamah Tinggi)

Section 322 read with s206(3) requires 28 days special notice for director removal; the EGM notice of 14 days/2-3 working days was therefore defective, and the Defendants' deliberate use of a waiver agenda at a defectively convened meeting constituted oppressive conduct under s346 as it abused procedural protections; the other six complaints did not establish oppression qua shareholder and were dismissed.
20 May 2024

1. ) DATO' ABDUL RAZAK BIN ABDUL 2. ) HAJI ABDUL AZIZ BIN ABDUL 3. ) YAP CHI KEONG 1. ) SURUHANJAYA SYARIKAT MALAYSIA 2. ) FEDERAL POWER SDN. BHD. PENCELAH 1. ) NG ENG KEONG 2. ) CHE AZIZI BIN CHE WIL 3. ) SARIDUN BIN ISMAIL

Citation

WA-24NCC-365-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-365-07/2023 (Mahkamah Tinggi)

The originating summons was dismissed because plaintiffs failed to prove effective resignations on 27 August 2016 and failed to establish that replacements were validly appointed with required consents and statutory declarations; although the court found the action was not time‑barred and that procedural non‑compliance with a Practice Note did not fatal, granting the declaratory relief sought would contravene statutory provisions (notably s122 CA 1965 and director appointment requirements) and therefore could not be made.

Malaysia Case Law

HALIM BIN OTHMAN 1. ) NORIDA BINTI HAMZAH 2. ) MOHD AMMAR BIN MOHD HAMIDI 3. ) AEROTREE FLIGHT SERVICES SDN BHD

1. ) DATO' ABDUL RAZAK BIN ABDUL 2. ) HAJI ABDUL AZIZ BIN ABDUL 3. ) YAP CHI KEONG 1. ) SURUHANJAYA SYARIKAT MALAYSIA 2. ) FEDERAL POWER SDN. BHD. PENCELAH 1. ) NG ENG KEONG 2. ) CHE AZIZI BIN CHE WIL 3. ) SARIDUN BIN ISMAIL