Chen, Fu-Daul v 1. ) CHEN, PAI-JUNG 2. ) Han Te Industries (M) Sdn Bhd
Catchwords
Originating Summons – application by the Plaintiff pursuant to Sections 347 and 348 of the Companies Act 2016 for leave to commence a derivative action on behalf of the 2nd Defendant company against the 1st Defendant for an alleged misappropriation of the 2nd Defendant’s funds. Issue: • Whether the application is filed solely for the Plaintiff’s interests and is tainted with bad faith; • Whether it is in the best interest of the company; • Whether this application is for a collateral purpose and amounts to an abuse of the Court process - The Court finds that the Plaintiff is acting in good faith and this application prima facie appears to be in the best interest of the company. - The Court hereby allows the Plaintiff’s application with costs.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-24ncc-18-05-2024)