18 Jul 2025
WONG KIE CHIE 1. ) KATHRYN MA WAI FONG (as the personal representative, executrix and trustee of the estate of the late Wong Kie Nai) 2. ) WTK REALTY SDN BHD
- Citation
- 02(f)-47-08/2023(Q) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-47-08/2023(Q) (Mahkamah Persekutuan)
Breach of s132D(1) was established but the proper remedy is application of statutory validation under ss63 and/or 355 Companies Act 1965; the Duomatic common law principle cannot be used to displace or circumvent the statutory validation mechanism; applying ss63/355 to the proven facts (knowledge, acquiescence, benefit, delay and absence of substantial injustice) it was just and equitable to validate the allotments and therefore the Court dismisses the appellants' appeals and affirms the Court of Appeal by granting validation orders for the impugned share issuances.