Lee Quan Yoong 1. ) KOH HENG JIN HOLDINGS SDN BHD 2. ) WONG NYET FAH 3. ) KOH PENG CHYE 4. ) WONG NYET FAH, KOH SIEW LOON sebagai (Eksekutor dan Pemegang Amanah Estet Koh Heng Jin dan Pemegang Amanah dibawah Amanah Estet tersebut) 5. ) Koh

Lee Quan Yoong 1. ) KOH HENG JIN HOLDINGS SDN BHD 2. ) WONG NYET FAH 3. ) KOH PENG CHYE 4. ) WONG NYET FAH, KOH SIEW LOON sebagai (Eksekutor dan Pemegang Amanah Estet Koh Heng Jin dan Pemegang Amanah dibawah Amanah Estet tersebut) 5. ) Koh

The 1st plaintiff in her capacity as executor and trustee of the deceased's estate was not a registered member of the company because the deceased's shares had been transferred and a share certificate was issued in a third party's (LQY's) name; therefore she lacked locus standi to pursue an oppression claim under s346 CA 2016. Locus standi is a jurisdictional pre-condition which may be raised even if not pleaded. The claim was plainly and obviously unsustainable and academic (no shares available for purchase), so it was properly struck out under Order 18 r19(1) ROC 2012.

Citation
WA-22NCC-216-05/2021 (Mahkamah Tinggi)
Parties
Plaintiff (1st Plaintiff; Executor and Trustee of the Estate of Koh Peng Guan): Lee Quan Yoong; Original Plaintiff (deceased): Koh Peng Guan; 1st Defendant: Koh Heng Jin Holdings Sdn. Bhd.; 2nd Defendant: Wong Nyet Fah; 3rd Defendant: Koh Peng Chye; 6th Defendant: Koh Siew Mee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 September 2023
Case Number
WA-22NCC-216-05/2021 (Mahkamah Tinggi)
Procedural Posture
Oppression Claim Under Companies Act 2016 (company Law) / High Court Striking Out Applications (order 18 R19 ROC 2012) — Full Grounds Judgment Allowing Striking Out (28 January 2025)
Outcome
Striking out applications allowed; 1st plaintiff's oppression claim against the 1st, 2nd, 3rd and 6th defendants struck out; costs awarded to the defendants
Legal Topics
Oppression, Locus Standi, Striking Out, Res Judicata, Academic Relief
Source Language
Malay/English
Company Law Civil Procedure Oppression Locus Standi Striking Out Res Judicata Academic Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Lee Quan Yoong

Plaintiff (1st Plaintiff; Executor and Trustee of the Estate of Koh Peng Guan)

Koh Peng Guan

Original Plaintiff (deceased)

Koh Heng Jin Holdings Sdn. Bhd.

1st Defendant

Wong Nyet Fah

2nd Defendant

Koh Peng Chye

3rd Defendant

Koh Siew Mee

6th Defendant

Procedural Posture

Oppression Claim Under Companies Act 2016 (company Law) / High Court Striking Out Applications (order 18 R19 ROC 2012) — Full Grounds Judgment Allowing Striking Out (28 January 2025)

Legal Issues

  1. 1 Whether the executor and trustee of the deceased member's estate has locus standi to pursue an oppression claim under s346 CA 2016
  2. 2 Whether the claim is academic because the deceased's estate is not a registered shareholder and the shares were transferred to a third party
  3. 3 Whether locus standi is a jurisdictional issue that may be raised even if not pleaded

Ratio Decidendi

The 1st plaintiff in her capacity as executor and trustee of the deceased's estate was not a registered member of the company because the deceased's shares had been transferred and a share certificate was issued in a third party's (LQY's) name; therefore she lacked locus standi to pursue an oppression claim under s346 CA 2016. Locus standi is a jurisdictional pre-condition which may be raised even if not pleaded. The claim was plainly and obviously unsustainable and academic (no shares available for purchase), so it was properly struck out under Order 18 r19(1) ROC 2012.

Court Disposition

Striking out applications allowed; 1st plaintiff's oppression claim against the 1st, 2nd, 3rd and 6th defendants struck out; costs awarded to the defendants

Orders

  • Striking out applications allowed with costs
  • The claim against the 6th defendant is struck out