Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Oppression and unfair prejudice

Legal area

Court

16 Dec 2024

TAN LAE PENG 1. ) KHOO THEAN SAN 2. ) CHUA LI WAH 3. ) SALT MARKETING SDN BHD

Citation

BA-24NCC-67-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-67-06/2024 (Mahkamah Tinggi)

The company is a quasi-partnership; the plaintiff had a legitimate expectation to remain in management while a shareholder; the 1st defendant's conduct in falsely claiming resignation, excluding her from management, issuing an EGM notice to remove her, denying access to records and making a false CBT accusation amounted to oppression under s346; the company secretary is a distinct officer and generally a third party but executed contested instructions and was implicated factually; equitable remedy of buyout by independent valuation was appropriate rather than winding up.
21 Jan 2022

LOH TECK WAH 1. ) LIM PANG KIAM 2. ) YAP CHEE KHENG 3. ) PNL TRADING SDN BHD 4. ) SUBANG INDUSTRY PARK SDN BHD 5. ) BDO GOVERNANCE ADVISORY SDN BHD

Citation

WA-24NCC-228-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-228-05/2021 (Mahkamah Tinggi)

The court found the impugned acts were authorised management decisions by directors holding majority board/shareholder control and were taken to protect company interests after discovery of wrongdoing; such executive decisions, authorised under s.211 and the articles and ratified where applicable, do not amount to oppression under s.346 absent a visible departure from standards of fair dealing.