24 Oct 2019
TAI MAY CHEAN (NRIC No.: 531113-10-5670) 1. UNITED EASTERN RESOURCES SDN. BHD. (Company No.: 416181-T) 2. NG PIK LIAN (NRIC No.: 320718-05-5012)
- Citation
- WA-24NCC-340-06/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-340-06/2019 (Mahkamah Tinggi)
The plaintiff's application for leave to commence a derivative action was dismissed because she failed to establish that she acted in good faith and failed to show that the derivative action was prima facie in the best interest of UER given the existing deadlock, the advanced stage and legitimate grounds of the pending winding up petition, the timing of the application in the context of multiple related suits (including MHA proceedings) suggesting a collateral purpose, and the risk of futility if the MHA or share ownership challenges succeed.