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2015 MarsdenLR 721

HIGH COURT MALAYA KUALA LUMPUR
HT MALTEC CONSULTANTS – Appellant
Versus
MALAYSIAN RESOURCES CORPORATION BERHAD – Respondent


Table of Content
1. right of partnership to sue under rba (Para 1 , 2 , 3)
2. necessity of establishing fraud to lift the corporate veil (Para 4 , 5 , 6 , 8)
3. conditions for striking out applications and legal proceedings (Para 9 , 10 , 14 , 19)
4. criteria for proving the tort of conspiracy (Para 11 , 12 , 15)
Wong Kian Kheong JC:

A. Introduction

[1] This case raises the question regarding the right of a partnership to file a suit and whether such a right is barred or restricted by s 8 of the Registration of Businesses Act 1956 (RBA).

[2] The plaintiff in this case (Plaintiff) is a partnership which has sued the following defendants:

(a) the first defendant company (1st Defendant), a public listed company;

(b) the second defendant company (2nd Defendant), a wholly owned subsidiary of the 1st Defendant;

(c) the third defendant (3rd Defendant), a statutory corporation established under the Perak State Development Corporation Enactment 1967;

(d) the fourth defendant company (4th Defendant), a private limited company and a wholly owned subsidiary of the 3rd Defendant;

(e) the fifth defendant (5th Defendant), an individual who was the chairman of the 1st Defendant's board of directors at the ma

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