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HIGH COURT MALAYA JOHOR BAHRU
ONG KENG HUAT – Appellant
Versus
FORTUNE FRONTIER (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. application for leave under companies act 1965 for derivative action considered. (Para 1 , 2 , 3) |
| 2. plaintiffs contended that their rights were violated due to unauthorized tenancy actions. (Para 10 , 11 , 12 , 17) |
| 3. foundational legal principles regarding derivative actions established from prior case law. (Para 27 , 28 , 32) |
| 4. legal threshold for good faith and best interest delineated for derivative actions. (Para 62 , 66) |
| 5. judgment concludes with grant of leave to initiate derivative action for the company. (Para 82) |
Introduction
[1] This case concerns an application by the Plaintiff by way of an originating summons dated 21 January 2015, for leave under Companies Act 1965 , s 181A of the , to bring a statutory derivative action on behalf of Fortune Frontier (M) Sdn Bhd, being the first defendant company, against China State Construction Engineering (M) Sdn Bhd ("China State Construction") and one Tan Wei Rong.
[2] I heard the application on 28 May 2015 and gave my decision to grant leave on 25 June 2015. This is my judgment, setting out the full reasons for my decision on the application which involves a number of important poi
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