26 Sept 2024
ELIN HONG PEI SHANG 1. ) TBH WELLNESS SDN. BHD. 2. ) TBH WELLNESS (ECO SANCTUARY) SDN. BHD.
- Citation
- WA-24NCC-424-09/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-424-09/2024 (Mahkamah Tinggi)
The court found the plaintiff proved impracticability because the 1st Defendant deliberately frustrated validly requisitioned EGMs by refusing to attend, and the prior refusal of an ad interim injunction indicated the balance of convenience favored proceeding; the Licensing Agreement had been terminated and the EGM notices complied with statutory requirements, therefore the court exercised its discretion to grant the s.314 relief and ordered the proposed EGM to be convened and conducted as directed by the court.