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1995 MarsdenLR 1893

MAHADEV SHANKAR, SITI NORMA YAAKOB, ABDUL MALEK
TUAN HAJI ISHAK BIN ISMAIL – Appellant
Versus
LEONG HUP HOLDINGS BHD – Respondent


Advocates:
Cecil Abraham and RS Nathan (Jeyaratnam & Chong) for the first appellant.
YM Siew (Raja Eleena Siew Ang & Tan) for the second, third and fifth appellants.
Augustine Poh (Cheong Kee Fong & Co) for the fourth appellant.
Teh Boon Eng, N Navaratnam and P Gananathan (Teh & Associates) for the sixth appellant.
Jaswinder Singh (Megat Najmuddin Leong & Co) for the seventh appellant.
Ghazi Ishak (Ghazi & Lim) for the eighth and ninth appellants.
Ching, Tan & Associates for the tenth appellant.
KS Narayanan (Joseph Yeo and FM Bodipalar with him) (Sri Ram & Co) for the petitioner.

JUDGMENTBY: MAHADEV SHANKAR JCA (DELIVERING THE JUDGMENT OF THE COURT)

MAHADEV SHANKAR JCA (DELIVERING THE JUDGMENT OF THE COURT) In the court below, Leong Hup Holdings Bhd filed a petition for relief under s 181 of the Companies Act 1965 (the Act) against the first nine respondents (the respondents) named in the petition. The subject matter of the petition was Leong Hups alleged entitlement to representation on the board of directors of KFC Holdings (Malaysia) Bhd (KFCM), and to a right thereby to participate in the management of the affairs of this company. The respondents applied to have the petition struck out on the ground that it did not disclose a reasonable cause of action. The trial judge, Richard Talalla J, dismissed the application. Six separate appeals have come before us. These are by:

(i) the first respondent in the suit below;

(ii) the second, third and fifth respondents;

(iii) the fourth respondent;

(iv) the sixth respondent;

(v) the seventh respondent;

(vi) the eighth respondent (whose name is actually Kentucky Fried

Chicken International Holdings Inc) referred to as KFC

International and the ninth

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