1. ) LO CHANG GENG (mendakwa dalam kapasitinya sebagai ahli kepada Persatuan Hainan Selangor dan Wilayah Persekutuan) 2. ) WONG AH SENG (mendakwa dalam kapasitinya sebagai ahli kepada Persatuan Hainan Selangor dan Wilayah Persekutuan) v 1. ) FOO WAH CHEK (didakwa atas kapasitinya sebagai Presiden Persatuan Hainan Selangor dan Wilayah Persekutuan) 2. ) TAN KUAN FENG (didakwa atas kapasitinya sebagai Naib Setiausaha Agung Persatuan Hainan Selangor dan Wilayah Persekutuan) 3. ) PERSATUAN HAINAN ...

wa-24ncvc-86-01-2024 High Court (Mahkamah Tinggi) 24 June 2025 • WA-24NCvC-86-01/2024

Catchwords

the relationship that governs an association and its members is contractual in nature-as long as the 2nd EGM Notice complies with the requirements as set out in the Constitution, the Association must convene the EGM as the right of members to requisition for an EGM is entrenched in the Constitution-Order 18 rule 12 (1) of the Rules of Court 2012 the particulars of the alleged fraud or misrepresentation must be specifically pleaded-it is trite law that where a constitution confers power to appoint, it is a necessarily implied term that the appointing authority should also have the power to remove, to suspend, to-reappoint or reinstate-the doctrine of agents of necessity-An interim General Council can be elected as an agent of necessity to ensure that the Association continues to operate and function normally until the next AGM-There is no law that requires a Court to scrutinize the motives, benevolent or otherwise of members of an association or society, if the members so wish to remove the office bearers. Each member has the absolute right to vote for or against any resolution. It may be a member does not like the face of an office bearer and thus vote against him. That is his prerogative as a member-an application to convert an Originating Summon to a writ will not be allowed if the Originating Summon can be decided based on affidavit evidence-an application to transfer an Originating Summon and consolidate the Originating Summon with a writ action will not be allowed if it will delay a fair hearing of the Originating Summon.

Practice Areas

the relationship that governs an association and its members is contractual in nature-as long as the 2nd EGM Notice complies with the requirements as set out in the Constitution, the Association must convene the EGM as the right of members to requisition for an EGM is entrenched in the Constitution-Order 18 rule 12 (1) of the Rules of Court 2012 the particulars of the alleged fraud or misrepresentation must be specifically pleaded-it is trite law that where a constitution confers power to appoint, it is a necessarily implied term that the appointing authority should also have the power to remove, to suspend, to-reappoint or reinstate-the doctrine of agents of necessity-An interim General Council can be elected as an agent of necessity to ensure that the Association continues to operate and function normally until the next AGM-There is no law that requires a Court to scrutinize the motives, benevolent or otherwise of members of an association or society, if the members so wish to remove the office bearers. Each member has the absolute right to vote for or against any resolution. It may be a member does not like the face of an office bearer and thus vote against him. That is his prerogative as a member-an application to convert an Originating Summon to a writ will not be allowed if the Originating Summon can be decided based on affidavit evidence-an application to transfer an Originating Summon and consolidate the Originating Summon with a writ action will not be allowed if it will delay a fair hearing of the Originating Summon.

Judges (1)

Leong Wai Hong Delivered

Parties (6)

PERSATUAN HAINAN SELANGOR DAN WILAYAH PERSEKUTUAN Respondent Foo Wah Chek Respondent Lee Sok Wah Aggrieved Party Lo Chang Geng Applicant Tan Kuan Feng Respondent Wong Ah Seng Applicant

Case Significance

1. ) LO CHANG GENG (mendakwa dalam kapasitinya sebagai ahli kepada Persatuan ... is a High Court (Mahkamah Tinggi) decision dated June 24, 2025 (citation: wa-24ncvc-86-01-2024). The case was decided by Leong Wai Hong.

What was the outcome of 1. ) LO CHANG GENG (mendakwa dalam kapasitinya sebagai ahli kepada Persatuan ...?

1. ) LO CHANG GENG (mendakwa dalam kapasitinya sebagai ahli kepada Persatuan ... is a High Court decision dated June 24, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.