10 Nov 2025
1. ) CHEAH SHU BOON 2. ) SHAMSUDIN BIN ISMAIL 1. ) KUALA LUMPUR GOLF & COUNTRY CLUB BERHAD 2. ) MY PREMIER TRUSTEE (MALAYSIA) BERHAD
- Citation
- WA-22NCvC-499-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-499-07/2021 (Mahkamah Tinggi)
The court held the club's discretion to increase membership and transfer fees was not absolute; it was subject to the Wednesbury reasonableness test, the duty of honesty and good faith, and the express contractual terms which prohibited imposing additional financial liabilities on members. The 1st Defendant breached those contractual limits and acted unreasonably; declaratory relief was granted. The Plaintiffs lacked authority to pursue a representative action and thus had locus only individually. The 2nd Defendant breached fiduciary duties but plaintiffs failed to prove loss, so no damages w…