KUA KEE KOON 1. ) ACE DYNAMIC TEAM SDN BHD 2. ) GO YOONG CHANG

KUA KEE KOON 1. ) ACE DYNAMIC TEAM SDN BHD 2. ) GO YOONG CHANG

The Originating Summons was dismissed because the Plaintiff lacked the statutory locus standi as he was not a registered member of the companies central to the claim, the relevant related companies and registered shareholder (Ms Ong Li Ling and ACE Capital Growth/AIAB) were not joined, the alleged acts did not amount to oppression of a member qua member, and the petition suffered from delay and potential mala fides.

Citation
WA-24NCC-613-12/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Kua Kee Koon; Defendant: Ace Dynamic Team Sdn Bhd; Defendant: Go Yoong Chang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 July 2022
Case Number
WA-24NCC-613-12/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Minority Oppression Under Section 346 Companies Act 2016 / Final Judgment (dismissed)
Outcome
Originating Summons dismissed
Legal Topics
Oppression Under S346 CA 2016, Locus Standi of Beneficial Owner, Non Joinder of Related Companies, Declaration of Dividends, Director Discretion, Standing to Sue as Member
Source Language
Malay/English
Company Law Commercial Litigation Civil Procedure Oppression Under S346 CA 2016 Locus Standi of Beneficial Owner Non Joinder of Related Companies Declaration of Dividends Director Discretion +1 more

Case Brief

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Parties

Kua Kee Koon

Plaintiff

Ace Dynamic Team Sdn Bhd

Defendant

Go Yoong Chang

Defendant

Procedural Posture

Originating Summons Minority Oppression Under Section 346 Companies Act 2016 / Final Judgment (dismissed)

Legal Issues

  1. 1 Whether a beneficial owner who is not a registered member has locus standi to bring an oppression action under s346 CA 2016
  2. 2 Whether non-joinder of related companies and persons (ACE Capital Growth, AIAB, Ms Ong Li Ling) is fatal to the claim
  3. 3 Whether the impugned acts alleged constitute oppression qua shareholder under s346

Ratio Decidendi

The Originating Summons was dismissed because the Plaintiff lacked the statutory locus standi as he was not a registered member of the companies central to the claim, the relevant related companies and registered shareholder (Ms Ong Li Ling and ACE Capital Growth/AIAB) were not joined, the alleged acts did not amount to oppression of a member qua member, and the petition suffered from delay and potential mala fides.

Court Disposition

Originating Summons dismissed

Orders

  • Originating Summons dismissed
  • Costs awarded to the Defendants in the sum of RM12000