PERAK INTEGRATED NETWORKS SERVICES SDN BHD v 1. URBAN DOMAIN SDN BHD 2. PINS OSC & MAINTENANCE SERVICES SDN BHD

02f-66-09-2016w Federal Court (Mahkamah Persekutuan) 15 April 2018 • 02(f)-66-09/2016(W)

Catchwords

Company Law - Derivative action - Deadlock company - Equal split of shareholding between directors with opposing views - Whether regarded as deadlock - Whether company was going concern - Whether shareholder could bring derivative action on behalf of deadlock company - Whether deadlock company in liquidation - Test of 'wrongdoer control' - Whether winding up considered as alternative remedy - Whether shareholder could file petition to wind up company on just and equitable grounds - Whether availability of winding up company on just and equitable grounds as alternative remedy disentitled shareholder from opting to bring derivative action on behalf of company - Companies Act 2016

Practice Areas

Company Law

Judges (5)

Balia Yusof bin Haji Wahi Coram Md. Raus bin Sharif Delivered Panglima Richard Malanjum Coram Zaharah binti Ibrahim Coram Zainun binti Ali Coram

Parties (3)

PERAK INTEGRATED NETWORKS SERVICES Sdn Bhd Appellant PINS OSC & MAINTENANCE SERVICES Sdn Bhd Respondent URBAN DOMAIN Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-66-09-2016w)