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2001 MarsdenLR 1468

DENIS ONG, HAIDAR MOHD NOOR, SITI NORMA YAAKOB
LIM TAI MING & SONS CREDIT SDN BHD – Appellant
Versus
LIM TUCK THIEN – Respondent


Advocates:
For the appellant - Vijaya Segaran (Paul Subramaniam with him); M/s MaxwellKenion Cowdy & Jones For the respondent - Gurbachan Singh; M/s Bachan & Kartar[Appeal from High Court, Ipoh; Civil Suit No: 22-125-94]

JUDGMENT

Haidar Mohd Noor JCA:

In the court below, the plaintiff prays for a number of orders against the defendant company videwrit action no. 22-125-94. The action relates essentially to a claim by the plaintiff of his 355,000 shares ("the said shares") in the defendant company which he alleged had been transferred to his father trough the forgery of the share transfer form dated 24 August 1998 (exh. D4).

After a full hearing the learned judge made the following orders:

(a) the plaintiff was declared the shareholder of the said shares in the defendant company;

(b) the purported transfer of the said shares in D4 be cancelled;

(c) the plaintiff was allowed to claim all dividends he was entitled to since 24 August 1993;

(d) costs to the plaintiff

However, in respect of the other claims of the plaintiff, the learned judge made the following orders:

(i) the defendant company had properly and lawfully removed the plaintiff as a director at the company's extraordinary general meeting held on 10 June 1993;

(ii) there was no need to appoint M/s Ernst & Young, an acccounting firm, as the receivers and managers for the purpose of managing the daily business of the defendant company;

(iii) m

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