SUBRAMANIAM A/L MUNISAMY v 1. ) HS HEIWA PRECISION (M) SDN BHD 2. ) SANDRA SHEAGER A/L CHIDAMBARAM
7 cases cited
(0 SG, 7 foreign)
Catchwords
Corporate Law & Statutory Compliance – Shareholder’s Right of Inspection – Analyzing the "absolute" nature of the right to inspect accounting records under Section 245 of the Companies Act 2016 – Whether it can be restricted by claims of potential information misuse. Director’s Statutory Duty to Maintain Records – Exploring the personal responsibility of directors to ensure company records are "at all times" open for inspection – The reasonableness of short compliance windows (e.g., 3 days) for production. Civil Procedure & Inherent Jurisdiction – Inherent Jurisdiction (Order 92 Rule 4) – The extent of the Court’s power to "perfect," clarify, or supplement an existing order – Ensuring justice and prevent the abuse of process. The "Liberty to Apply" Principle – Assessing the implied right of parties – To seek further directions to give full effect to a Court order, as reinforced by the Stone World precedent. Overriding Objective (Order 1A) – Balancing technical procedural compliance against the interests of justice and the need for the "expedient disposal" of cases. Enforcement & Execution – Penal Notices (Order 45 Rule 7) – The necessity and legal effect of endorsing a Penal Notice on mandatory orders to satisfy the prerequisites for future contempt proceedings. Self-Executing Evidentiary Mechanisms – The use of mandatory Statutory Declarations (Akuan Bersumpah) within a Court order – Verify the non-existence of documents, serving as a formal "contingency mechanism" in highly contentious litigation. Litigation Strategy & Judicial Management – Managing "Satellite Litigation" – How Courts can use detailed and specific order structuring to prevent subsequent applications and delay tactics in disputes characterized by deep personal animosity. Judicial Discretion in Contentious Corporate Disputes – The move toward objective, practical commercial solutions when subjective agreement between parties is impossible.
Judges (1)
Counsel (5)
Cases Cited (7)
MY (7)
[1970] 2 MLJ 226 [1998] 1 MLJ 393 [1998] 2 CLJ 75 [2009] 2 MLJ 527 [2020] 12 MLJ 237 [2020] 9 CLJ 358 [2024] 1 MLJ 447
Judgment
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Read on eJudgmentSource: eJudgment (wa-24ncc-583-10-2025)