Vazeer Alam Mydin Meera JCA:

Introduction

[1] There are two appeals before this court, arising from the same judgment of the High court, and they are:

(a) Appeal No W-02(NCC)(A)-2227-10-2018 ("Appeal 2227") filed by the defendant in the original action, Saujana Resort (M) Berhad ("Saujana"); and

(b) Appeal No W-02(NCC)(A)-2282-11-2018 ("Appeal 2282") filed by the plaintiffs in the original action, namely, Chin Cheen Foh, Chin Kon Meng, Lee Poi Keong, Wong Yang Kheong and Ng Hoe ("plaintiffs").

[2] The appeals arise out of an action commenced by the plaintiffs who are members of the Saujana Golf and Country Club ("Club") against Saujana, the company that owns, manages and operates the Club. The plaintiffs' complaint flow mainly from the decision of the board of directors of Saujana to increase the monthly subscription and fees imposed on the members of the Club by 100%, and their contention that the Club, ought to be, but was not registered, under the Interest Schemes Act 2016 ("the Act"), thus depriving its members of the attendant rights and benefits under the Act.

Background Facts

[3] Saujana was incorporated on 2 February 1983 to own and operate the Club. The issued and paid-