V.S. Industry Berhad 1. ) Lim Chang Huat 2. ) Lim Chee Kon 3. ) Chow Chun Pooi @ Chow Chan Leong 4. ) NEP Holdings (Malaysia) Berhad

V.S. Industry Berhad 1. ) Lim Chang Huat 2. ) Lim Chee Kon 3. ) Chow Chun Pooi @ Chow Chan Leong 4. ) NEP Holdings (Malaysia) Berhad

The application to convert the originating summons into a writ was dismissed because the applicants failed to prove any conflicting material facts or fraud that would necessitate viva voce evidence; the issues can be fairly determined on affidavit and documentary evidence and conversion would conflict with the norm under Order 88 Rule 2 for company matters.

Citation
WA-24NCC-400-07/2023 (Mahkamah Tinggi)
Parties
Plaintiff: V.S. INDUSTRY BERHAD; 1st Defendant: LIM CHANG HUAT; 2nd Defendant: LIM CHEE KON; 3rd Defendant: CHOW CHUN POOI @ CHOW CHAN LEONG; 4th Defendant: NEP HOLDINGS (MALAYSIA) BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 March 2024
Case Number
WA-24NCC-400-07/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under Companies Act 2016 (oppression Under S.346) / Application to Convert Originating Summons to Writ (enclosure 50) — Decision at Hearing
Outcome
Application to convert originating summons into a writ (enclosure 50) dismissed
Legal Topics
Oppression of Minority Shareholders, Conversion of Originating Summons to Writ, Companies Act 2016 S.346, Order 88 Rule 2 Rules of Court 2012, Order 28 Rule 8(1) Rules of Court 2012
Source Language
Malay/English
Company Law Civil Procedure Oppression of Minority Shareholders Conversion of Originating Summons to Writ Companies Act 2016 S.346 Order 88 Rule 2 Rules of Court 2012 Order 28 Rule 8(1) Rules of Court 2012

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Parties

V.S. INDUSTRY BERHAD

Plaintiff

LIM CHANG HUAT

1st Defendant

LIM CHEE KON

2nd Defendant

CHOW CHUN POOI @ CHOW CHAN LEONG

3rd Defendant

NEP HOLDINGS (MALAYSIA) BERHAD

4th Defendant

Procedural Posture

Originating Summons Under Companies Act 2016 (oppression Under S.346) / Application to Convert Originating Summons to Writ (enclosure 50) — Decision at Hearing

Legal Issues

  1. 1 Whether the originating summons should be converted into a writ
  2. 2 Whether there are conflicting material facts or allegations of fraud requiring viva voce evidence
  3. 3 Whether affidavit and documentary evidence are sufficient to determine the oppression claim under the Companies Act

Ratio Decidendi

The application to convert the originating summons into a writ was dismissed because the applicants failed to prove any conflicting material facts or fraud that would necessitate viva voce evidence; the issues can be fairly determined on affidavit and documentary evidence and conversion would conflict with the norm under Order 88 Rule 2 for company matters.

Court Disposition

Application to convert originating summons into a writ (enclosure 50) dismissed

Orders

  • Enclosure 50 dismissed with costs