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2011 MarsdenLR 1001

HIGH COURT MALAYA, KUALA LUMPUR
LIM YOI JOO LIM OY JOO – Appellant
Versus
MB INDUSTRIES SDN BHD – Respondent


Table of Content
1. disputes regarding director status and re-election process. (Para 1)
2. serious allegations require naming proper parties. (Para 2)
3. court's discretion in declaratory relief and proper legal process. (Para 3)

JUDGMENT

This is my JUDGMENT in respect of the plaintiff's application (enclosure 1) to seek a declaration that he has ceased to be a director of the defendant (which has been wound up) and the plaintiff's application (enclosure 6) inter alia to seek directions from the court to make the relevant and necessary parties as defendants in the action.

It must be noted that I have indicated to the plaintiff at the case management stage itself that there are serious allegations against the previous directors of the defendant and in consequence they should be named as defendant and a writ action would have been an appropriate mode. As a cautionary measure I have asked the papers to be served on the previous directors as well as Suruhanjaya Syarikat Malaysia (SSM). SSM made an application to intervene and I allowed the same. SSM is objecting to the application on the grounds that if enclosure 1 is allowed the defendant will have less than 2 directors, and the plaintiff

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