Dato’ Seri Yap Seng Yew & Anor v Expo Electronics Sdn Bhd (in liquidation) & Ors [2023] MLJU 1795

Robin Malayan Law Journal

HIGH COURT (KUALA LUMPUR)
LIZA CHAN SOW KENG J
SUIT NO WA-22NCC-591-11 OF 2022
3 August 2023

GROUNDS OF JUDGMENTIntroduction

[1]  Enclosure (“Enc.”) 8 was filed by the Plaintiff for:

  • a.An injunction restraining the 3rd and 4th Defendants, their servants, employees or agents or otherwise howsoever from exercising their rights as a director of Cekap Asia Sdn Bhd;
  • b.An injunction restraining the 2nd Defendant, their servants, employees or agents or otherwise howsoever from appointing any further directors and/or convening any Extraordinary General Meeting;
  • c.An order for an extension of time to serve the court papers in this suit, pending the process of obtaining leave to proceed against Expo Electronics Sdn Bhd, which is in liquidation.

[2]  Enc. 8 was heard together with Enc. 27 which was the 2nd to 4th Defendants’ application to strike out the Writ and Statement of claim (“SOC”) pursuant to Order 18 r 19(1) (b) and (d) of the Rules of Court 2012 (“ROC 2012”) and/or under the Inherent Jurisdiction of the Court.

[3]  I had allowed Enc. 8 and dismissed Enc. 27 with costs to the Plaintiff on 29.5.23 and given broad reasons for my decisions. The 2nd to 4th Defendants have appealed against the decision in Enc. 8. This judgment contains the full reasons for my decision