Quay Chew Soon J:

Introduction

[1] The Plaintiff ("P") is a shareholder in the Defendant company ("D"). The principal activity of D consists of hotel property ownership of the Rainbow Paradise Beach Resort ("Hotel"). D's wholly owned subsidiary, Champsurf Sdn Bhd ("Subsidiary"), manages and operates the Hotel.

Enclosure 1

[2] P filed an Originating Summons vide encl 1 ("Encl 1") which prayed for the following:

(a) D to engage an independent accountant to conduct an independent investigation ("Independent Investigation") into the following issues arising from the Financial Report of D for the year ended 31 December 2020 ("Financial Report"):

(i) the declaration by the external auditors of D ("Auditors") of their inability to express an opinion on the Financial Report;

(ii) irregular reduction in the current assets of D by RM4 million;

(iii) unexplained reduction in revenue;

(iv) unreasonably high operational and administrative costs;

(v) the observation by the Auditors that the system of internal and accounting control of the Subsidiary is inadequate and that certain accounting documents for January and February 2020 were not available for audit; and

(vi) any other material issues or i