Acted in the High Court In Resisting Former Directors Challenge

27 March 2022 - The High Court in Suthan a/l Mookaiah & Anor v Zed Mobile Malaysia Sdn Bhd & Anor [2022] MLJU 321 (grounds of judgment dated 7 March 2022) dismissed the former directors' legal challenge against their removal from two companies. Lee Shih and Kelvin Seah were co-counsel in successfully acting for the two companies in resisting the legal challenge.

The two Plaintiffs were former directors of the two Defendant companies. They are not shareholders of the companies. The two Defendant companies only had one member. The member had requisitioned for general meetings and passed resolutions to remove the two Plaintiffs as directors. The Plaintiffs sought declarations to challenge the requisition and to challenge their removal.

The High Court dismissed this legal challenge. Among others, the High Court held that the Plaintiffs had failed to list the sole member of the company as a party to the proceedings. The acts of requisitioning and removing the former directors were acts of the member and not that of the Defendant companies.

The decision is now pending appeal at the Court of Appeal.