Ananda Kumar a/l Krishnan v LS Fishery Sdn. Bhd. & Ors

Appellant(s): Ananda Kumar A/L Krishnan

Respondent(s):

• Ls Fishery Sdn Bhd
• Ng Tee Huat
• Ng Ai Tiang
• Ng Tee Keat

• YA Dato' Lim Chong Fong
• YA Dato' Faizah Binti Jamaludin
• YA Datuk Leonard David Shim

• The Appellant appealed against two High Court orders: one striking out his claim, and another setting aside an order granting leave for committal proceedings and dispensing with personal service.
• The Respondents raised a preliminary objection concerning the Appellant's alleged failure to serve appeal documents within the prescribed time.
• The Appellant's claim, brought under section 540 of the Companies Act 2016, alleged fraudulent trading by the first Respondent, with the other Respondents being knowingly involved.

• Whether the Appellant's appeals were competent despite alleged non-compliance with service requirements for appeal documents.
• Whether the Appellant's claim under section 540 of the Companies Act 2016 was a plain and obvious case for striking out, considering issues of limitation and res judicata.
• Whether the High Court properly dispensed with personal service of leave documents for committal proceedings against the Respondents.

• The Court of Appeal overruled the preliminary objection regarding service of appeal documents, finding that electronic service to solicitors on record was sufficient in the circumstances, as no material prejudice was shown.
• The Court of Appeal allowed the appeal against the striking out order (Appeal 1252), holding that the issues of limitation, res judicata, and abuse of process were not so plain and obvious as to warrant striking out the claim without a trial.
• The Court of Appeal allowed the appeal concerning committal proceedings (Appeal 1273) only against the 3rd Respondent, finding that the dispensation of personal service was justified for her due to evidence of evasion, but not for the other Respondents.