Malaysia Case Law: Decisions & Judgments

Topic

Oppression remedy

Legal area

Court

3 Feb 2026

1. ) ELAINE GAY CHOW SONG 2. ) KWAN HUNG CHEONG 1. ) ZUNG ZANG HOLDINGS SDN BHD 2. ) WONG NYUK CHING 3. ) KWAN PHUI HA 4. ) SEBASTIAN KWAN KUAY TAT 5. ) ZUNG ZANG TRADING SDN. BHD. BUKAN PIHAK-PIHAK Suruhanjaya Syarikat Malaysia (SSM)

Citation

WA-24NCC-237-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-237-05/2025 (Mahkamah Tinggi)

The Federal Court’s 2013 order, read purposively with its grounds and subsequent appellate interpretation, determined that P1 and P2’s fraudulent appropriation of ZZH shares was to be reversed and P1 has no lawful shareholding or locus standi; further, P2 as an undischarged bankrupt lacked competence to commence or maintain the action without prior sanction of the Director General of Insolvency; accordingly the oppression Originating Summons was incompetent and is struck out and dismissed.
14 Jan 2026

1. ) A GANASAN A/L K ARUMUGAM 2. ) ABDUL HAFIZ BIN ABDUL RASHID @ ABD KHALID SYED YUSOF BIN SYED MOHD

Citation

BA-24NCC-113-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-113-10/2025 (Mahkamah Tinggi)

The court found a strong prima facie case of oppression under s346 based on evidence of exclusion, attempts to remove directors and consolidate control; it rejected the illegality and non-joinder defences as insufficient to bar relief and held the court has discretion to grant appropriate remedies without joining all shareholders; accordingly the Plaintiffs' originating summons was allowed and the Defendant's interlocutory applications were struck out with costs.
12 Jun 2025

NG KAE JENG 1. ) INVENPRO (M) SDN BHD 2. ) LIANG KIEN HUI 3. ) KAMARUL BAHRIN BIN ABDULLAH PENCELAH Suruhanjaya Syarikat Malaysia (SSM)

Citation

WA-24NCC-337-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-337-07/2024 (Mahkamah Tinggi)

The court found the Defendants proved special circumstances: execution would irreversibly undermine completed property transactions and creditor payments (RM8.3m), practical impossibility to comply with a mandated registered address and CCM update by dismissed/disqualified officers, ongoing bank servicing by the Second Defendant whose disruption would trigger enforcement, and inevitable termination of substantial pending suits (approx. RM3.4m) if the Plaintiff gained sole control; accordingly a temporary stay of execution pending determination of the appeal was necessary to prevent irreparabl…
22 Apr 2025

CJ POLYMERS SDN BHD 1. ) Kerk Han Meng [Notice Of Discontinuance At Encl. 27] 2. ) Sim Chin Hu [Notice Of Cross Appeal At Encl. 5] 3. ) LEE YU MENG 4. ) KUA CHIN WEE PIHAK TERKILAN TETUAN SHUI-TAI

Citation

W-02(NCC)(A)-2146-11/2022 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(A)-2146-11/2022 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court finding that a quasi-partnership existed and survived the admission of new shareholders; exclusion of Sim from management and unilateral withdrawal of benefits without a fair buyout constituted oppression under s346; the appropriate remedy was a buyout ordered against the remaining shareholders (Kerk, Lee and Eric Kua) in proportion to their holdings (CJ Polymer removed from buyout), affirmation of monetary awards (refunds and payments) and dismissal of the attempt to cross-examine the independent valuer.
28 Feb 2025

SANDEEP SINGH GREWAL 1. ) TAN ENG JOO 2. ) JIANG YIHONG 3. ) PAYSOLUTION TECHNOLOGIES SDN BHD

Citation

WA-24NCC-155-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-155-03/2023 (Mahkamah Tinggi)

The Court found that D1's purported exercise of a casting vote on written resolutions lacked any basis in the Company's constitution (Table A Article 53) because no general meeting or equality of votes occurred, and that the orchestrated sequence of resolutions effected through that artificial majority sidelined the 50% shareholder and constituted a visible departure from fair dealing amounting to oppression under s.346; because the relationship had irretrievably broken down the appropriate remedy was a buyout by D1 at fair value as determined by an independent accountancy firm, with ancillar…
21 Oct 2024

PEMPETISYEN KONG YING KIT I POWER SDN. BHD.

Citation

JA-28NCC-44-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-44-04/2024 (Mahkamah Tinggi)

The petition is dismissed because the petitioner did not come with clean hands; the breakdown arose in part from the petitioner’s own failures (notably failure to produce audited accounts and to perform obligations), alleged wrongs were those of a director and not the company, and winding up is an irreversible, disproportionate remedy when alternative statutory remedies were available.
12 Aug 2024

HALIM BIN OTHMAN 1. ) NORIDA BINTI HAMZAH 2. ) MOHD AMMAR BIN MOHD HAMIDI 3. ) AEROTREE FLIGHT SERVICES SDN BHD

Citation

WA-24NCC-15-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-15-01/2024 (Mahkamah Tinggi)

Section 322 read with s206(3) requires 28 days special notice for director removal; the EGM notice of 14 days/2-3 working days was therefore defective, and the Defendants' deliberate use of a waiver agenda at a defectively convened meeting constituted oppressive conduct under s346 as it abused procedural protections; the other six complaints did not establish oppression qua shareholder and were dismissed.
26 Jul 2024

SATHIYAN A/L GOPAL 1. ) KAVILASHINI A/P SELVARAJAH 2. ) GEMILANG OCCUHEALTH SERVICES SDN BHD 3. ) WAWASAN KVL OCCUHEALTH SDN. BHD.

Citation

BA-24NCC-145-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-145-11/2023 (Mahkamah Tinggi)

On the evidence and applying s.346 and authorities, the court found Plaintiff failed to prove on the balance of probabilities that D1's acts amounted to oppression; the contested acts were consequences of a domestic marital dispute, amounted to disagreements or alleged mismanagement rather than a visible departure from standards of fair dealing or disregard of Plaintiff's interests as a member, and Plaintiff as an equal 50% shareholder who controlled company finances failed to show the requisite unfairness; application dismissed with costs.
18 Jul 2024

KERK HAN MENG 1. ) LEE YU MENG 2. ) KUA CHIN WEE 3. ) WONG KOK KHEONG 4. ) SIM CHIN HU 5. ) CJ POLYMERS SDN BHD

Citation

WA-24NCC-547-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-547-10/2023 (Mahkamah Tinggi)

The court granted leave to cross-examine because the applicant identified material and specific factual disputes that are central to the oppression claim (existence of a quasi-partnership, lawfulness of director removal and share allotment, allegations of misappropriation), affidavit evidence was insufficient to resolve questions of intent, credibility and bona fides, the application was not unduly delayed given ongoing affidavit exchange, and the interests of justice in resolving contested facts by oral testimony outweighed concerns about delay.
20 Jun 2024

HO SUE SAN @ DAVID HO SUE SAN 1. ) HOVID BERHAD 2. ) UOBM Nominees (Tempatan) Sdn. Bhd. 3. ) FAJAR ASTORIA SDN. BHD.

Citation

W-02(NCC)(A)-162-01/2023 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(A)-162-01/2023 (Mahkamah Rayuan)

Appellant failed to prove the relationship was in the nature of a quasi‑partnership or that equitable considerations applied; the VGOs were commercial bargains and any breach was contractual only; the requisition and proposed resolution were an exercise of statutory rights (s.311) consistent with TAEL's known exit plan and did not amount to unfair discrimination or prejudice under s.346(1)(b); appeal dismissed.