HIGH COURT (KUALA LUMPUR)
WONG KIAN KHEONG, J
Ranjeet Singh Sidhu – Appellant
Versus
Zavarco PLC – Respondent
[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 othe
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.