JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] This judgment concerns an application by the Defendant, Phoon Yuh Jiun, to strike out the claim of the Plaintiff, Tay Kuan Tea @ Tay Swee Seng, filed against her in this action. The Plaintiff and the Defendant are former directors and shareholders of two companies in which the Plaintiff claims to have made substantial financial investments. The Plaintiff alleges that due to the Defendant's mismanagement and breaches of duties in her capacity as a director of the Companies, the Plaintiff suffered losses which he now seeks to recover from the Defendant personally. The key issues to be determined in this application are whether the Plaintiff's claim is time-barred by limitation, whether the Plaintiff has the legal standing to bring this action in his personal capacity instead of in the name of the Companies, and whether the Plaintiff's claim discloses a reasonable cause of action or is otherwise frivolous, vexatious, and an abuse of the court process.

Background Facts

[2] The Plaintiff and the Defendant were at all material times the Directors and shareholders of two companies, namely Beutech Sdn Bhd ("Beutech") and Biosinga Sdn Bhd ("Biosinga")