1. ) SUNG TIAK KENG 2. ) SUNG YAU PENG v 1. ) SIANG TIAK HOCK 2. ) SIANG SHU HUA 3. ) SUNG HOCK CHAN SDN BHD
Catchwords
"Section 245 Companies Act - application for inspection of documents by First Applicant as Director of company - there is another pending suit in a different Court where similar orders were granted albeit not under section 245 - that order gave liberty to parties to apply for further orders - Respondents argue that the current application is a duplicity and abuse of process of court since the earlier order granted the right to parties to apply for further orders - the Applicants should therefore apply for access under that order instead of filing a separate application before a different forum - Applicants argue that the application in the suit was for forensic investigation from 1.1.2014 up to 7.1.2022 whilst under the current application access to documents is sought for the period after that date and until the date of an order under the Application - it was argued that the right of directors of inspection under section 245 is distinct and must be accorded by this Court. Held: Since the order under the suit granted the right to parties to apply for further orders then it would only be a logical progression for the current application be made under that suit - although the inspection done under the suit is for forensic investigation, the Court finds no material difference to the objective to access documents under section 245 - there is nothing shown that the Court in the suit will not granted further orders for inspection of documents - there is therefore duplicity of proceedings and the filing of the application is abuse of process of court - the application should be made under the order granted under the suit - Application dismissed with costs".
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-24-2-02-2024)