Abdul Rahman bin Aki v Krubong Industrial Park (Melaka) Sdn. Bhd.

Court outlined requirement to succeed in claiming under FvH to be caught under the exceptions.
Have to prove control of the company, taking action on behalf of the company. No necessity
to prove dishonesty.

Hickman v Kent or Romney Marsh Sheep-breeders’ Association

Facts

Article 9 of the Kent or Romney Marsh Sheepbreeders’ Association’s Articles of Association stated
that any disputes between the Association and a member should go to arbitration before court. Mr
Hickman complained about the Association’s refusal to register his sheep in the “flock book”. He was
under threat of being expelled – he commenced proceedings in the High Court.

Issues

Was Hickman prevented by Article 9 from commencing court proceedings without prior arbitration?

Held

A member of the association of the company in question, was not entitled to start court proceedings
against the company, without first submitting the dispute to arbitration. The significance of this
decision was that the company could enforce articles of association against the member. Thus,
articles of association is a contract between the company and the members and equally this is a
contract between the members and the company.