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2008 MarsdenLR 4460 ; 2008 MarsdenLR 1

KANG HWEE GEE
GRANASIA CORPORATION BHD & ORS – Appellant
Versus
CHOONG WYE LIN & ORS AND ANOTHER CASE – Respondent


JUDGMENT

Kang Hwee Gee J:

[1] D8-24-339-2007 is an application by five directors of the company Granasia Corporation Berhad to declare the EGM convened by the company on 20 July 2007 at the requisition of the 2nd defendant who was a shareholder of the company null and void. The EGM was convened for the purpose of appointing three new directors of the defendants' choice.

[2] D8-24-340-2007 is an application by the same directors of the company Granasia Corporation Berhad to declare the EGM convened by the company on 27 July 2007 at the requisition of the 2nd defendant null and void. The EGM was convened for the purpose of removing the 2nd plaintiff as the managing director.

[3] The Grounds (By Counsel For The Plaintiffs)

1. There was non-compliance with s. 145(2) of the Companies Act 1965 which requires not less than 14 days notice and the non-compliance with art. 59 read together with art. 159 of the company's Articles of Association which provides as follows:

Article 59:

The notices convening meetings shall specify the place, the day and the hour of the meeting and shall be given to all Members at least fourteen (14) days before the meeting or at least twenty-one (21) days before

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