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2021 MarsdenLR 2582

COURT OF APPEAL PUTRAJAYA
DATO AZIZAN ABDUL RAHMAN & ORS – Appellant
Versus
PINERAINS SDN BHD – Respondent


Petitioner Advocates:Rabindra S Nathan,Lyness Lim Wei Xeng,Kennie Ang Joo Koon,Yin-Yin ,Respondent Advocate: Wong Rhen Yen,Goik Kenwayne,Foong Kar Yee

JUDGMENT

See Mee Chun JCA:

Introduction

[1] Enclosure 34 is an application by the respondent to recuse and/or disqualify Mr Nahendran Navaratnam (NN) and Ms Wong Wye Wah (WWW) from acting as counsel for the appellants.

[2] We had dismissed the application and we now give our reasons.

The Cause Papers

[3] The cause papers are as follows:

3.1 The respondent's Notice of Motion dated 12 December 2020 (encl 34);

3.2 The respondent's Affidavit in Support affirmed by Lim Siew Kim and Chan T'shiao Li on 11 December 2020 (encl 35 and encl 36);

3.3 The appellants' Affidavit (No 1) affirmed by Nahendran Navaratnam on 29 December 2020 (encl 42);

3.4 The appellants' Affidavit (No 2) affirmed by Ang Joo Koon (Ang) on 29 December 2020 (encl 43); and

3.5 The respondent's Affidavit in Reply (1) affirmed by Lim Siew Kim and Chan T'shiao Li on 22 January 2021 (encl 48).

The Relevant Parties

[4] The appellants are independent directors of Apex Equity Holdings Bhd (Apex), a public listed company and a licensed broking house.

[5] The respondent is an investment holding company. At all material time, the respondent is a shareholder of Apex with approximately 8,898,480 shares or 4.17% of the issued and paid up capital

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