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2025 MarsdenLR 5790

HIGH COURT (KUALA LUMPUR)
WONG KIAN KHEONG, J
Ranjeet Singh Sidhu – Appellant
Versus
Zavarco PLC – Respondent


Advocates:
EnMohd Izral bin Mohamed Khairi, MrDaniel Albert, MrEdmund Chek, MsVillie Neth & MsGillian Looh (Izral Partnership) for the plaintiffs.
MrLim Kian Leong, MrLui Kar Yee & MrShim Mong Seng (Lim Kian Leong & Co) for the first, second, eighth to twelfth and sixteenth defendants.
MrWong Chong Wah, MsSia Siew Mun, MrWong Chun Keat & MrAlvin Oh Seong Yew (Sia Siew Mun & Co) for the third, sixth, seventh and thirteenth to fifteenth defendants.
MrWong Hok Mun and MsKoh Peh Siah (Azim, Tunku Farik & Wong) for the fourth defendant.
MrRobert Low, MrTan Chong Lii & MsG Sharmini (Ranjit Ooi & Robert Low) for fifth defendant.

[1]This judgment discusses, among others, the following issues:

(a)whether a Common Law “double derivative action” filed in Malaysia against, among others, a company incorporated in England, should be struck out on the ground that Common Law derivative suits have been abolished in England by Chapter 1 of Part 11 (ss260–264) of the United Kingdom’s Companies Act 2006 [CA (UK)] and permission from the English High Court is required for a statutory derivative action. A determination of this issue entails a discussion on whether a Common Law “double derivative action” is valid in law or not. I will explain subsequently in this judgment the use of the phrase “double derivative action”;

(b)in deciding whether this “double derivative action” (This Suit) filed by the plaintiffs in this case (Plaintiffs) should be struck out or otherwise, how should the court deal with 2 opinions by English Queen’s Counsel (QC) which have been exhibited in the affidavits filed by opposing parties in this case?;

(c)whether This Suit should be struck out on the ground that it is “impossible” for the relief of restitution to be granted in This Suit; and

(d)whether This Suit which has been filed against, among ot

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