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COURT OF APPEAL PUTRAJAYA
S Nantha Balan, J
HUBLINE BERHAD & ANOTHER APPEAL – Appellant
Versus
INTAN WAZLIN AB WAHAB & ORS AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. doctrine of separate legal personality under strain (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. claimants' factual claims for joinder (Para 8 , 9 , 10 , 11 , 12) |
| 3. court's observations on necessity of joinder (Para 13 , 14 , 18 , 19) |
| 4. legal standards for piercing the corporate veil (Para 20 , 21 , 25 , 33) |
| 5. affirmation of corporate entity principles in employment law (Para 52 , 60 , 61 , 66) |
| 6. final decision on appeals and orders (Para 68 , 74 , 75 , 76) |
Introduction
[1] There are two appeals before us, namely Civil Appeal No: W-01(A)-128-03/2021 ("Appeal 128") and Civil Appeal No: W-01(A)-142-03/2021 ("Appeal 142") (collectively, "the Appeals").
[2] We shall preface this judgment by stating that at stake in the Appeals is the sanctity of the doctrine of separate legal personality which is a firmly embedded and well-entrenched principle of company law since Salomon v. A Salomon & Co Ltd [1897] AC 22 ("Salomon"), and which remains the cornerstone protecting individual corporate entities from the liabilities of their affiliates. In the context of proceedings before the Industrial Court , it appears that the doctrine is increasingly under strain — especially i
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