PERAK INTEGRATED NETWORKS SERVICES SDN BHD vs URBAN DOMAIN SDN BHD & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 1922

COURT OF APPEAL PUTRAJAYA
PERAK INTEGRATED NETWORKS SERVICES SDN BHD – Appellant
Versus
URBAN DOMAIN SDN BHD & ANOR – Respondent

Petitioner Advocates:Gopal Sri Ram,RK Sharma,Adam Kiob,Phang Zheng Jack,David Yii ,Respondent Advocate: Bastian Vendargon,Leong Kwong Wah,S Ravenesan,Vincent Lim Seng

Table of Content
1. the appeal involves a derivative action related to a deadlock situation. (Para 1 , 2 , 7)
2. the trial court found that the appellant breached management agreements. (Para 3 , 9 , 10 , 35)
3. the agreement structures and relations between parties underpin the case. (Para 4 , 5 , 6 , 8)
4. the significance of proper derivative action and jurisdiction. (Para 11 , 12 , 13 , 14 , 15 , 32)
5. requirements for successfully establishing derivative actions in law. (Para 16 , 18 , 28)

JUDGMENT

Idrus Harun JCA:

Preliminaries

[1] This appeal is related to Civil Appeal No: 02(NCC)(W)-2434-11-2013 ("the second appeal"). At the commencement of the hearing of this appeal on 5 November 2015, the learned counsel for the appellant informed us that firstly, he would argue on this appeal first and that if we were with the appellant, the second appeal would be rendered academic and secondly, the parties to this appeal agreed to confine their submissions at this stage on the issue of derivative action only.

[2] This is an appeal from a decision of the High Court on 26 September 2013 after a full trial wherein the 1st respondent's claim against the appellant was allowed with costs. The appellan

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2016 MarsdenLR 1922

COURT OF APPEAL PUTRAJAYAPERAK INTEGRATED NETWORKS SERVICES SDN BHD – AppellantVersusURBAN DOMAIN SDN BHD & ANOR – Respondent

COURT OF APPEAL PUTRAJAYA
PERAK INTEGRATED NETWORKS SERVICES SDN BHD – Appellant
Versus
URBAN DOMAIN SDN BHD & ANOR – Respondent