18 Jul 2025
WETLAND STUDIOS SDN BHD NORMAN BIN ABDUL HALIM
- Citation
- BA-22NCC-56-03/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-56-03/2025 (Mahkamah Tinggi)
The court held the writ and statement of claim were prematurely filed and constituted an abuse of process because the plaintiff failed to comply with the mandatory contractual requirement in clause 9.7(xi) of the shareholders' agreement and the statutory leave and notice requirements in sections 347 and 348 Companies Act 2016; the doctrine of agency of necessity could not displace express contractual and statutory obligations and therefore the action was struck out with costs subject to allocator.