HIGH COURT MALAYA JOHOR BAHRU
NURUL HAFIS MOHMAD AZMI & ANOR – Appellant
Versus
MOHD FAIZ HASSAN DATO MOHD AMIN & ANOR – Respondent
JUDGMENT
Introduction
[1] This was the Plaintiffs' application ("this Application) for, inter alia, for the following:
a) A declaration that the appointment of the following directors of the Second Plaintiff on 30 October 2017 in accordance with the terms of the agreement dated 27 August 2015 was valid, effective and enforceable:
i. Sawilah binti Masrom @ Haji Nasir; and
ii. Mohamad Shah Jihan bin Ahmad Yusuf:
b) A declaration that the Extraordinary General Meeting ("EGM") held on 30 October 2017 was valid and in order; and
c) A declaration that the parties present at the EGM held on 30 October 2017 was a sufficient quorum under s 328 of the Companies Act 2016 ("Companies Act") for the First and the Second Plaintiffs to proceed with the meeting.
The Factual Background
[2] The First Plaintiff and First Defendant are the directors and shareholders of the Second Plaintiff ("the Company"), with the shareholding of 80% and 20% respectively.
[3] Pursuant to an EGM held on 30 October 2017 that was convened by the First Plaintiff, certain resolutions were passed, which included appointment of new directors and the removal of the First Defendant as director of the Company. Al
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