LEE BEE SUN 1. ) SIEW SEOW KIM 2. ) MUCK HO WAN 3. ) SUPER RESOURCES & TRADING SDN. BHD

LEE BEE SUN 1. ) SIEW SEOW KIM 2. ) MUCK HO WAN 3. ) SUPER RESOURCES & TRADING SDN. BHD

Dismissal because plaintiff failed to establish that the rights complained of derived from her status as a shareholder or that there existed oppression under s.346: alleged wrongs either arose from her role as a director or were wrongs to the company (properly pursued derivatively under s.347); no quasi‑partnership or pleaded legitimate expectation; pleadings lacked specific averments linking shareholder status to management rights.

Citation
WA-24NCC-249-05/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Lee Bee Sun; First Defendant: Siew Seow Kim; Second Defendant: Muck Ho Wan; Third Defendant: Super Resources & Trading Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 March 2025
Case Number
WA-24NCC-249-05/2024 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (minority Oppression) / Judgment
Outcome
Originating summons dismissed
Legal Topics
Minority Oppression, Derivative Action, Fiduciary Duties, Quasi Partnership, Share Transfer Restrictions
Source Language
Malay/English
Company Law Commercial Law Minority Oppression Derivative Action Fiduciary Duties Quasi Partnership Share Transfer Restrictions

Case Brief

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Parties

Lee Bee Sun

Plaintiff

Siew Seow Kim

First Defendant

Muck Ho Wan

Second Defendant

Super Resources & Trading Sdn Bhd

Third Defendant

Procedural Posture

Originating Summons (minority Oppression) / Judgment

Legal Issues

  1. 1 Whether the conduct of majority shareholders/directors amounted to oppression or disregard under s.346 Companies Act 2016
  2. 2 Whether the plaintiff’s asserted management and account access rights derived from her status as a shareholder or from her role as a director
  3. 3 Whether payments to third parties constituted wrongs against the company or distinct harm to the shareholder

Ratio Decidendi

Dismissal because plaintiff failed to establish that the rights complained of derived from her status as a shareholder or that there existed oppression under s.346: alleged wrongs either arose from her role as a director or were wrongs to the company (properly pursued derivatively under s.347); no quasi‑partnership or pleaded legitimate expectation; pleadings lacked specific averments linking shareholder status to management rights.

Court Disposition

Originating summons dismissed

Orders

  • Plaintiff’s claim dismissed
  • Plaintiff to pay costs of RM 15,000.00 subject to allocator; costs include interlocutory applications