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Wednesday, August 14, 2019

Deregistered 92-year-old Royal PD Yacht Club seeks court redress

The Royal Port Dickson Yacht Club. (Facebook pic)
PETALING JAYA: The Registrar of Societies (RoS) deregistered the Royal Port Dickson Yacht Club three months ago after a member lodged a complaint with its Negeri Sembilan branch.
K Ravindran made the complaint after his suspension for alleged misconduct, claiming that the committee had not adhered to the club’s constitution.
The club, which was set up in 1927 by several expatriates, has the Yang di-Pertuan Besar of Negeri Sembilan as patron.
The club’s vice-president, Che Jamal Othman Shah, is now seeking legal redress to re-register the 92-year-old association.
Last month, he filed a judicial review at the High Court in Seremban to challenge the deregistration.
Che Jamal said the club’s continued closure had affected about 1,800 members, 52 employees and a handful of third-party contractors who had valid and binding contracts with them.
Court documents sighted by FMT revealed that the leave application for judicial review has been fixed before a High Court judge in Seremban tomorrow.
In a judicial review, an applicant has to first show his application is not frivolous before the court proceeds to hear the merits of the case.
Che Jamal wants an order of certiorari to revoke the club’s deregistration immediately pending a full hearing.
In his affidavit to support the judicial review, Che Jamal said the deregistration came about following a spontaneous motion to censure committee member K Ravindran. The motion was approved by a majority at the club’s annual general meeting (AGM) on April 15 last year.
He said it was brought to the attention of club members that Ravindran had unilaterally written to the club’s disciplinary committee chairman and demanded that all ongoing proceedings against members, including those known to him, be adjourned.
Che Jamal said Ravindran lodged a complaint with the Negeri Sembilan RoS on the basis that the motion to censure him was passed without first complying with Clause 7 (viii) of the club’s constitution.
That clause states that a minimum of 14 days’ notice in writing must be given to the club secretary before such a motion can be tabled at an AGM.
He said on March 19 this year, the club responded to the Negeri Sembilan RoS as to why its registration should not be cancelled but, nevertheless, it was revoked on May 7.
Che Jamal said the Negeri Sembilan RoS had failed to take into account all relevant facts and evidence in coming to its decision. - FMT

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