What sort of LAW is this, High Court = Ho Hup won the case, and now Court of Appeal held that Ho Hup did not have the standing to take the High Court Suit against those former directors ???
Alamak ..... what is LAW ???
Wasting time...need to wait till 30Jan12 again.
Let Ho Hup start the Jalil City fast ...
General Announcement
HO HUP CONSTRUCTION COMPANY BHD
Stock Name : HOHUP
Date Announced:20/12/2011
Subject:MATERIAL LITIGATION
HO HUP CONSTRUCTION COMPANY BERHAD ("Ho Hup" or "the Company")
- KUALA LUMPUR HIGH COURT SUIT RELATING TO THE JOINT DEVELOPMENT AGREEMENT DATED 16 MARCH 2010 BETWEEN BUKIT JALIL DEVELOPMENT SDN BHD AND PIONEER HAVEN SDN BHD ("SUIT")Reference is made to the announcements made on 27 April 2010, 30 April 2010, 5 May 2010, 17 June 2010, 25 June 2010, 7 July 2010, 12 August 2010, 13 October 2010, 29 November 2010, 30 March 2011, 19 May 2011, 7 June 2011 and 20 June 2011.
The Board of Directors of Ho Hup wishes to inform that the Court of Appeal today allowed the four (4) appeals by certain former directors of Ho Hup and by Pioneer Haven Sdn. Bhd. ("PHSB", a wholly-owned subsidiary of Malton Berhad) against the Judgment of the Kuala Lumpur High Court ("High Court") pronounced on 7 June 2011, and dismissed Ho Hup's cross appeals in those four (4) matters. The Court of Appeal awarded costs to the appellants of RM100,000/- for the appeal and for the High Court Suit, in respect of each appeal.
In this regard, the Court of Appeal held that Ho Hup did not have the standing to take the High Court Suit against those former directors under Section 132C of the Companies Act 1965 ("the Act") and did not have the standing to take a derivative action on behalf of its subsidiary, Bukit Jalil Development Sdn. Bhd. The Court of Appeal also held that the Joint Development Agreement, Power of Attorney and Undertaking and Endorsement (all dated 16 March 2010) did not amount to a "disposal" under Section 132C of the Act . Consequently, the defendants who are former directors of Ho Hup as well as PHSB are found not to be liable to Ho Hup.
Ho Hup will be filling an appeal to the Federal Court. Meanwhile, the Court of Appeal has given 30 January 2012 as the hearing date for an application to be filed by Ho Hup for an order for the preservation of the rights and interests of Ho Hup , in particular in respect of the Land at Geran 42277, Lot No. 36101, Mukim of Petaling , Daerah Kuala Lumpur.This announcement is made on 20 December 2011.