WONG CHONG KIEW v 1. ) SAMALEGA SDN BHD 2. ) TAN KENG THYE 3. ) LEE HOCK SENG

ba-24ncc-103-09-2023 High Court (Mahkamah Tinggi) 26 August 2024 • BA-24NCC-103-09/2023 • 27 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

COMPANIES AND CORPORATIONS: Directors-Abuse of power and position-Allegation by shareholder the disposal of company’s property carried out without her knowledge or approval-Allegation of non-compliance with the statutory requirements of 2.233 of Companies Act 2016- Whether resolution for the disposal complied with requirements of s.223 of Companies Act 2016 CIVIL PROCEDURE: Res judicata-Current suit with same subject matter and same parties was adjudicated-Plaintiff’s application for leave to commence derivative action in Kuala Lumpur High Court was dismissed-Whether the plaintiff’s application is barred by doctrine of res judicata-Plaintiff waited until the application for leave to commence derivative action was dismissed before filing the current suit-Whether Plaintiff acted in bad faith CONTRACT LAW: Company’s property had been sold- Whether the subject matter had ceased to exist by virtue of the subsequent sale-Whether the plaintiff's claim had become academic

Judges (1)

Jamhirah binti Ali Delivered

Counsel (4)

Lim Soh & Goonting Firm Rajindar Singh Veriah & Co. Firm Celena Chay Counsel Defendant Clinton Nicholas Gomez Counsel Plaintiff

Parties (4)

SAMALEGA Sdn Bhd Respondent Lee Hock Seng Respondent Tan Keng Thye Respondent Wong Chong Kiew Applicant

Statutes Cited

Companies Act 2016 (Cap 777)

Cases Cited (6)

MY (6)

[1995] 3 CLJ 783 [2013] 1 CLJ 1081 [2013] 5 MLJ 396 [2020] 3 MLJ 46 [2021] 9 CLJ 849 [2024] 5 CLJ 193

Judgment

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Read on eJudgment

Source: eJudgment (ba-24ncc-103-09-2023)