18 Jul 2025
1. ) WONG KIE YIK 2. ) WONG KIE CHIE 3. ) PATRICK WONG HAW YEONG 4. ) PIERRE WONG HO ZHEN 5. ) ANNIE WONG HAW BING 6. ) HAPPY WONG FEI FEI 1. ) KATHRYN MA WAI FONG (as the personal representative, executrix and trustee of the estate of the
- Citation
- 02(f)-45-08/2023(Q) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-45-08/2023(Q) (Mahkamah Persekutuan)
The Federal Court held that the Duomatic principle is not the proper vehicle to cure breaches of the mandatory statutory requirement in s132D(1) CA 1965 where statutory validation remedies exist; validation must be effected under the Companies Act (s63 and/or s355) and exercised only where it is just and equitable and would not cause substantial injustice. Applying the statutory tests to the facts, the court concluded validation was appropriate and dismissed the appeals, affirming the Court of Appeal orders to validate the impugned share issuances.