Plaintiffs lacked locus standi as they were delegates without authorization to sue on behalf of their associations, and the AGM conducted was found compliant with governing SOPs.

JUDGMENT

Amelati Parnell JC:

Introduction

[1] The 1st, 2nd and 3rd Plaintiffs via Originating Summons dated 8 March 2022 (encl 1) pray for the following Orders:

(a) A declaration that the directive issued by the Government of Malaysia and the Government of Sabah under the National Recovery Plan Standard Operating Procedure ("SOP") Phase 3 that the maximum number of attendees to any meeting shall not exceed 50 individuals that had been fully vaccinated is applicable, valid and binding on the 1st Defendant the Federation of Sabah Chinese Association Sabah (FCAS) on 7 November 2021;

(b) A declaration that there was a failure to comply with directive issued by the Government of Malaysia and the Government of Sabah under the National Recovery Plan Standard Operating Procedure ("SOP") Phase 3 by the Defendant the Federation of Sabah Chinese Association Sabah (FCAS) in conducting its Annual General Meeting and Elections of Office Bearers on 7 November 2021 at Dewan Hakka Kota Kinabalu;

(c) A declaration that the attendance of 173 delegates during the Annual General Meeting and Elections of Office Bearers of the 1st Defendant the Federation of Sabah Chinese Association Sabah (FCAS) on 7 November 2021 at Dewan Hakka Kota Kinabalu is a breach of the National Recovery Plan Standard Operating Procedure ("SOP") Phase 3 which provided for a maximum number of attendees to any meeting not exceeding 50 individuals that had been fully vaccinated is applicable, valid and binding on the 1st Defendant and the Federation of Sabah Chinese Association Sabah (FCAS) on 7 November 2021;

(d) A declaration that the Annual General Meeting and Elections of Office Bearers of the 1st Defendant the Federation of Sabah Chinese Association Sabah (FCAS) on 7 November 2021 at Dewan Hakka Kota Kinabalu is illegal, null and void and in contravention of the Prevention and Control of Diseases Act 1988 (Act 342);

(e) Costs;

(f) Such or further relief that this Honourable Court deems fit.

Cause Papers

[2] The cause papers filed by parties are:

(a) Originating Summons dated 8 March 2022 [encl 1] (hereinafter referred to as "the Plaintiffs' Originating Summons");

(b) Affidavit in Support of Wong Lee Kah (Lewis) @ Lewis Wong affirmed on 5 March 2022 [encl 2] (hereinafter referred to as "the Plaintiff's AIS");

(c) the 1st Defendants' Affidavit in Opposition affirmed on 6 April 2022 [encl 6] (hereinafter referred to as "the 1st Defendant's AIO");

(d) the 3rd Defendant's Affidavit in Opposition affirmed on 11 April 2022 [encl 7] (hereinafter referred to as "the 3rd Defendants' AIO");

(e) the Plaintiffs' Affidavit in Reply to the 1st Defendant's AIO affirmed on 21 April 2022 [encl 9] (hereinafter referred to as "the Plaintiffs' AIR to the 1st Defendant's AIO"); and

(f) the Plaintiffs' Affidavit in Reply to the 3rd Defendant's AIO affirmed on 26 April 2022 [encl 10] (hereinafter referred to as "the Plaintiffs' AIR to the 3rd Defendant's AIO").

Brief Facts Of The Case

[3] The 1st Defendant is a society registered under the Societies Act 1966 and having its registered place at Lot No 7CF04, 7th Floor, Block C, Karamunsing Complex, 88100 Kota Kinabalu P O Box 16602, 88871 Kota Kinabalu, Sabah, Malaysia.

[4] Due to COVID-19 and the Standard Operating Procedure ("SOP") restrictions, the 1st Defendant was unable to hold their Annual General Meeting ("AGM") for the year of 2021 initially slated on 30 May 2021.

[5] Following the relaxation of SOP, the 1st Defendant society has held their Annual General Meeting at Dewan Hakka Sabah, 1st Floor, Multi Purpose Hall on 7 November 2021.

[6] The 1st Plaintiff has lodged a complaint to the Ministry of Health alleging that the AGM held on 7 November 2021 was in contravention of SOP.

[7] However, after their investigation, the Ministry of Health has on or around December 2021 dismissed the Plaintiffs' complaint and concluded that there was no breach of SOP on the part of the 1st Defendant in holding the AGM on 7 November 2021.

[8] Thus, the Plaintiffs commenced this