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HIGH COURT MALAYA KUALA LUMPUR
KWAN TECK HIAN – Appellant
Versus
INSULFLEX CORPORATION SDN BHD – Respondent
| Table of Content |
|---|
| 1. case introduction regarding director’s application. (Para 1) |
| 2. background facts of the plaintiff's directorship and related transactions. (Para 4 , 5 , 7 , 8) |
| 3. director's right under statutory provisions. (Para 6 , 16) |
| 4. plaintiff's justifications for accessing financial records. (Para 14 , 15) |
| 5. defendant's arguments against plaintiff's inspection rights. (Para 18 , 19 , 20) |
| 6. legal provisions regarding striking out applications. (Para 22 , 23 , 24) |
| 7. court's approach in striking applications. (Para 32 , 45) |
| 8. legal standards on a director’s right to inspect company records. (Para 57 , 58) |
| 9. directors' absolute right to inspect financial records. (Para 62 , 79) |
| 10. court’s analysis of whether the denial of inspection was justified. (Para 68 , 76) |
[1] This case concerns an application by a director by way of an originating summons (encl 1) to inspect the financial records of the defendant company he serves, and for the appointment of an auditor to assist him for such purpose. The defendant sought (in encl 3) to strike out the originating summons.
[2] This striking out application was heard earlier than and separately from the originating summons. The arguments for
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