JUDGMENT

Peh Swee Chin J:

Once again, a point of fairly frequent controversy has cropped up before me. I told Counsel I would deliver a short written judgment and here I do.

The point in question is that of a shareholder of a company suing, for the company; an supposedly erring director of the company but is faced with an immediate objection from the director that such action is not competent, or as is stated in the present case, that plaintiff has no locus standi.

The shareholder, i.e. the plaintiff, and the director, i.e. the defendant, both own equally the equity of the company. Plaintiff, in a nutshell, alleges that defendant has obtained secret profits by diverting the company's customers to another firm. Plaintiff claims therefore accounts and enquiries and payment of sum found due thereon.

By summons, the defendant has applied for the statement of claim to be struck out on the ground that plaintiff has no locus standi to file the present action, and in the alternative, on grounds which I need not deal with as no argument was advanced by both parties on them, neither was anything stated in any affidavit in regard to them. The real bone of contention has therefore been the que