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2025 MarsdenLR 4583

HIGH COURT MALAYA KUALA LUMPUR
PERSATUAN KATHOLIC SANTA MARIAM – Appellant
Versus
AMBROSE SAMINATHAN – Respondent


Petitioner Advocates:Patrick Samuel Sebastian ,Respondent Advocate: Datuk Wan Azmir Wan Majid,Mirza Muhaimin Zaidi

JUDGMENT

Roz Mawar Rozain J:

[1] At times, the court is entrusted with the task of determining disputes that traverse beyond the confines of ordinary contractual rights - into the more profound terrain where organisational governance intersects with the principles of natural justice and legality. The present case is one such instance. It concerns the internal governance of a long-established religious society - the Persatuan Catholic Santa Mariam, a Catholic society registered since 1950, which pursues religious, charitable, and community welfare objectives typical of such organizations. The dispute before this court involves the delicate balance between procedural regularity and substantive fairness within that Society.

[2] This court is to determine whether actions taken by the Executive Committee (EXCO) of the Plaintiff (Society) were within its constitutional mandate; whether the EXCO had acted within its constitutional authority in removing the Defendant from his position as Honorary Secretary. The Society seeks declaratory and injunctive relief to affirm the validity of that removal and to restrain the Defendant from continuing to hold himself out as Secretary or from convening


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