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2021 MarsdenLR 24

HIGH COURT SABAH & SARAWAK KOTA KINABALU
TAN SWEE YOU – Appellant
Versus
SAHIRON MOHD YUNUS & ANOR (ENCL 1 & 9) – Respondent


Petitioner Advocates:Darren Tay ,Respondent Advocate: Rakhbir Singh

JUDGMENT

Leonard David Shim JC:

(Enclosure 1 & 9)

[1] Enclosure 1 is the Plaintiff's application for the following Orders:

(a) That a meeting of Triple Galaxy Engineering Sdn Bhd (Company No: 1061185- W) be called within fourteen (14) days from the Order of this Honourable Court or at such date and time as this Honourable Court shall order;

(b) That one member of Triple Galaxy Engineering Sdn Bhd (Company No: 1061185-W) present in person or in proxy shall be deemed to constitute a quorum; and

(c) Such further and/or other relief deemed fit and proper by this Honourable Court.

[2] The grounds of this application are as follows:

(a) Prior to the filing of this Originating Summons, Triple Galaxy Engineering (Company No: 1061185-W) ("the Company") had called for an Extraordinary General Meeting (EGM) on 16 August 2018 for the Directors of the Company, the Plaintiff and the Defendants to sign the Audited Financial Statements for year 2016 and 2017;

(b) The Defendants had failed to show up at the EGM to sign the Audited Financial Statements for year 2016 and 2017;

(c) The Company once again on 14 July 2020 called for a members' meeting of which the Defendants were absent;

(d) Due to the Defendants'


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