Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Buy-back agreement
  • 16 Oct 2023

    RAJU K.RAMASAMY WONG LI YUIN

    Citation
    BA-22NCC-67-05/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22NCC-67-05/2020 (Mahkamah Tinggi)

    Court found on balance of probabilities that an oral buy-back agreement existed (late 2011) but the parties did not unambiguously agree NAV as the valuation method; the operative cessation date of directorship is 13.03.2019; in absence of an agreed valuation method the court must fix a reasonable price; unopposed expert valuation by Augustine James applying an asset/net tangible asset (NAV) approach was not shown to be obviously indefensible and is accepted; shares valued at RM0.19 per share as at 13.03.2019; specific performance ordered for plaintiff to buy back 120,000 shares at RM0.19 per…