JUDGMENT

Abdul Malik Ishak J:

This is an interesting case as it involves the interpretation of s. 226(3) of the Companies Act 1965. The applicant, Bruno Phillipe Fehrenbach - a Frenchman, is a minority shareholder in a company known as Han Pacific Sdn Bhd. On 15 July 1998, the applicant filed a writ summons in the form of a derivative action suing as a minority shareholder of Han Pacific Sdn Bhd. That writ summons bears the Civil Suit No: 22-388-1998 and the parties thereto were as follows:

BETWEEN

Bruno Phillipe Fehrenbach (seorang pemegang saham minoriti bagi pihak Han Pacific Sdn Bhd No: Syarikat 362403-K) ........ Plaintiff

AND

(1) James Hamilton McPhail

(2) Viva Capital Sdn Bhd (No: Syarikat 419885-M)

(3) Ang Swee Hau @ Jeffrey Ang

(4) Complete Command Sdn Bhd (No: Syarikat 447504-D)

(5) Han Pacific Sdn Bhd (No: Syarikat 362403-K). ....... Defendants

In a derivative action, the name of the company itself must be named as a defendant so that the order of the court will bind the company. Thus, Han Pacific Sdn Bhd was named as one of the defendants in Civil Suit No: 22- 388-1998. In a derivative action, the plaintiff usually seeks to enforce a cause of action which belon