TENGKU DATO IBRAHIM PETRA TENGKU INDRA PETRA vs PETRA PERDANA BERHAD & ANOTHER CASE

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2888

FEDERAL COURT PUTRAJAYA
TENGKU DATO IBRAHIM PETRA TENGKU INDRA PETRA – Appellant
Versus
PETRA PERDANA BERHAD & ANOTHER CASE – Respondent

Petitioner Advocates:Cyrus Das,James Khong ,Respondent Advocate: Lim Kian Leong,Tan Wei Wei,Chris Lim Su Heng,Nur Khidmah Huzaisham,Colin Liew

Table of Content
1. introduction of related appeals and their significance in corporate governance. (Para 1 , 2 , 4 , 6)
2. the appeals concern governance disputes over corporate decisions. (Para 9 , 29)
3. the high court found the defendants acted within their mandates. (Para 35 , 36 , 38)
4. discussion on the findings of the high court and court of appeal concerning director conduct. (Para 41 , 44 , 46 , 50)
5. court of appeal's findings on directors' actions were errors. (Para 51)

[1] These two related appeals emanated from the same action in the High Court of Malaya at Kuala Lumpur (Commercial Division) under Civil Suit No: D-22NCC-1057-2011. These appeals raised important questions in company law on governance and management of a company as between directors, and shareholders in general meetings. Disagreements concerning management and direction of a company have given rise to frequent legal disputes in courts; the present appeals are cases in point.

[2] The first appeal, which is Federal Court Civil Appeal No: 02(f)-7-03-2016 (W) is by Tengku Dato' Ibrahim Petra bin Tengku Indra Petra (the 1st defendant in the High Court). The second appeal, which is Federal Court Civil Appeal No: 0

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2017 MarsdenLR 2888

FEDERAL COURT PUTRAJAYATENGKU DATO IBRAHIM PETRA TENGKU INDRA PETRA – AppellantVersusPETRA PERDANA BERHAD & ANOTHER CASE – Respondent

Cases Referred (2)

FEDERAL COURT PUTRAJAYA
TENGKU DATO IBRAHIM PETRA TENGKU INDRA PETRA – Appellant
Versus
PETRA PERDANA BERHAD & ANOTHER CASE – Respondent