AURELIA JOIE THAI v MAXTER GLOVE MANUFACTURING SDN. BHD.

wa-24ncc-315-06-2023 High Court (Mahkamah Tinggi) 21 May 2025 • WA-24NCC-315-06/2023 • 14 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

Leave to commence derivative action – Section 348 of Companies Act 2016 – Where director alleged that purchase by company was made without proper board approval – Whether Plaintiff acted in good faith – Whether it appears prima facie to be in the best interest of the company to grant leave – Authority of sole shareholder – Wholly-owned subsidiary – Where director refuses to approve resolution of company with sole shareholder – Burden of proof of good faith – Whether there is genuine concern for corporate governance – Practical and commercial interests of the company – Approbate and reprobate – Plaintiff’s earlier conduct showed no objection

Judges (1)

Wan Muhammad Amin bin Wan Yahya Delivered

Counsel (10)

Azmi & Associates Firm Shearn Delamore & Co. Firm Mohd Wafiy bin Azman Counsel Plaintiff Nik Azila Shuhada Counsel Defendant Nur Fathin Farrisya binti Md Noor Counsel Plaintiff Ong Tze Xian Counsel Defendant Raja Singam Gothandapani Counsel Defendant Rishwant Singh Counsel Plaintiff Tong Wei Hang Counsel Defendant Wardah Yumna binti Yunus Counsel Plaintiff

Parties (2)

MAXTER GLOVE MANUFACTURING Sdn Bhd Respondent Aurelia Joie Thai Applicant

Case Significance

AURELIA JOIE THAI v MAXTER GLOVE MANUFACTURING SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated May 21, 2025 (citation: wa-24ncc-315-06-2023). The case was decided by Wan Muhammad Amin bin Wan Yahya.

What was the outcome of AURELIA JOIE THAI v MAXTER GLOVE MANUFACTURING SDN. BHD.?

AURELIA JOIE THAI v MAXTER GLOVE MANUFACTURING SDN. BHD. is a High Court decision dated May 21, 2025. The case was heard by Wan Muhammad Amin bin Wan Yahya. See the full judgment for details.

Statutes Cited

Companies Act 2016 (Cap 777)

Cases Cited (4)

UK (1)

[1976] 1 WLR 852

MY (3)

[1980] 1 MLJ 109 [2011] 3 MLJ 636 [2012] 2 CLJ 16

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncc-315-06-2023)