AHMAD FAIRUZ, ABDUL HAMID MOHAMAD, PAJAN SINGH GILL
CHAN YOCK CHER – Appellant
Versus
CHAN TEONG PENG – Respondent
The grounds of appeal are as follows:
The appellant contends that the original judgment was based on a fundamental error of law, specifically in the misapplication of statutory provisions governing contractual obligations and shareholder rights (!) .
It is alleged that the court failed to adequately consider the bilateral nature of the contract, thereby misinterpreting the intentions and obligations of the parties involved (!) .
The appellant asserts that there was a misapprehension of the factual circumstances, particularly regarding the offer to transfer shares and the subsequent approval process, which affected the validity of the original decision (!) .
The appeal claims that there was a breach of natural justice, as the decision was made without affording the other shareholders an opportunity to be heard, thus compromising the fairness of the proceedings (!) .
It is further argued that the original judgment was rendered in excess of the court's jurisdiction or based on procedural irregularities that rendered the decision invalid, thereby justifying a rehearing or setting aside of the order (!) .
The appellant submits that the court erred in dismissing the application to revisit the case, failing to recognize that the procedural defects and jurisdictional issues present warranted an intervention under the court's inherent jurisdiction (!) .
Finally, the appellant asserts that the court’s refusal to re-examine the merits of the case undermines the principles of justice and fairness, especially in circumstances where procedural irregularities or jurisdictional errors are apparent (!) .
These grounds collectively challenge the validity of the original judgment and seek a reconsideration of the matter based on procedural and substantive errors.
Abdul Hamid Mohamad FCJ:
By a notice of motion dated 17 December 2004, the applicant, inter alia, prayed for the following orders:
1. That leave be granted that Civil Appeal No. 02-03-2004 (J) be re-heard;
2. That the judgment of this court delivered on 22 October 2004 be set aside.
3. That the execution of the said judgment be stayed pending the final disposal of this court in respect of this motion.
To give a brief history of the case, the respondent commenced proceedings in the High Court, Johor Bahru praying for specific performance of an agreement dated 16 December 1995 and, alternatively, for a declaration that the respondent and/or his nominee is the registered and beneficial owner of 32,630 shares in Son Huut Plantation Sdn. Bhd. ("SHP") and that the company secretary registers the respondent and/or his nominee as the legal and beneficial owner of the said shares.
The respondent then applied for a summary judgment pursuant to O. 81 of the Rules of the High Court 1980 ("RHC 1980").
The High Court made an order declaring that the respondent or his nominee was the beneficial owner of the said shares but dismissed the prayer that the company secretary registers th
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