28 Aug 2024
1. ) LOW CHENG TEIK 2. ) LOW HOCK BOON 3. ) LAW SEE YOONG 4. ) SNE MARKETING SDN BHD LOW EAN NEE
- Citation
- 02(f)-30-04/2023(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-30-04/2023(W) (Mahkamah Persekutuan)
The Federal Court held the assignment of the company trademarks was a wrong done to the company, not a distinct personal injury to the respondent as shareholder; therefore the cause of action vested in the company and the complaint should have been pursued as a statutory derivative action under s347. The Court formulated a multi-step test to distinguish oppression (s346) from derivative claims and reversed the Court of Appeal’s finding of oppression.