Raub Oil Mill Sdn Bhd

On the court record

Illustrates how the courts resolve disputes over the retirement and re-election of directors, grant or refuse interlocutory injunctions in a corporate contest, and determine recovery and assessment questions within a group under internal dispute.

Raub Oil Mill Sdn Bhd appears in this corpus in company, contract and corporate-control litigation connected with an associated mining and development group, in roles including plaintiff, respondent, defendant and applicant, with matters decided in the High Court and the Court of Appeal. A significant strand concerns the governance of the company and its associated entities: questions about the deemed retirement of directors and retirement by rotation, the re-election of retiring directors, and the consequences where a general meeting is not held, engaging the requirements of the Companies Act and the company's constitution for the tenure and rotation of directors. A related strand concerns interlocutory relief in the corporate dispute, including an application for an interlocutory injunction and the adequacy of the undertaking in damages a corporate applicant must give, and the striking out of claims. The corpus also includes recovery and assessment questions, including summary judgment on a claim and an assessment of damages in which the question was whether the court below erred in law in its finding on entitlement. Because Raub Oil Mill appears on both sides of the connected disputes — as a plaintiff enforcing a claim and as a party resisting one within the group's internal quarrel — the decisions reflect the several capacities in which a company is drawn into a contest over control and money. The matters are decided in the High Court and the Court of Appeal. Collectively the decisions in which Raub Oil Mill is a party illustrate how the courts resolve disputes over the retirement and re-election of directors, grant or refuse interlocutory injunctions in a corporate contest, and determine recovery and assessment questions within a group under internal dispute. Several of the reported matters also concern the conduct of a party in persistently pursuing litigation and the court's response where that conduct is found to be oppressive or an abuse, and the adequacy of an undertaking in damages supporting interim relief. Across these decisions the company is drawn into a protracted internal contest over control and money within an associated group.