10 May 2024
WONG CHENG HOUNG 1. ) HOE POH LIN 2. ) VALUE PLUS INDUSTRIES SDN BHD
- Citation
- B-02(NCC)(A)-214-02/2023 (Mahkamah Rayuan)
- Court
- NCC
- Case number
- B-02(NCC)(A)-214-02/2023 (Mahkamah Rayuan)
Section 348(2) of the Companies Act 2016 requires thirty days' written notice as a mandatory condition precedent; failure to comply (3 days' notice) rendered the leave application and resulting order irregular and voidable. Where serious allegations are made against a director that director must be given opportunity to be named and heard. The High Court erred in law and fact; appeal allowed and previous decision set aside.