15 Jun 2020
Lee Yee Wuen 1. Lee Kai Wuen 2. Low Nang Hiang 3. Kien Yiap Trading Sdn Bhd
- Citation
- J-02(IM)(NCC)-1681-09/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- J-02(IM)(NCC)-1681-09/2019 (Mahkamah Rayuan)
The Court allowed the appeal, set aside the High Court order striking out prayers A and B and reinstated those prayers; it held that where oppression under s.346 CA 2016 is predicated on misappropriation of company monies, the court has jurisdiction and wide discretion to order restitution to the company as part of oppression relief. The reflective loss principle does not bar restitutionary relief in an oppression action where the diminution in the complainant's share value is attributable to the oppressive conduct, provided safeguards (eg undertakings to prevent double recovery and protectio…