11 Jul 2021
TAN HUAN HIANG 1. CHAN CHOW HING 2. FARIDAH BINTI MOHAMED 3. SHIN NA @ LAM KUN CHIN 4. BAN HENG CREEDIT (M) SDN BHD
- Citation
- JB-22NCC-6-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-22NCC-6-11/2020 (Mahkamah Tinggi)
Court held that (1) certain overlapping matters previously decided in FARIDAH MOHAMED v. TAN HUAN HING are subject to issue estoppel and cannot be re‑litigated here; (2) the High Court has jurisdiction under s.346 Companies Act 2016 to grant management remedies where oppression is established; (3) the affidavit evidence before the court was insufficient, murky and untested to decide the substantive allegations of misappropriation and oppression; and therefore (4) the proper procedural step is to convert the originating summons to a writ under Order 28 r.8 to allow pleadings and oral evidence;…