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) |
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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