Malaysia Case Law: Decisions & Judgments

Topic

Mismanagement vs oppression

Legal area

Court

10 Feb 2025

RAHIMUDDIN BIN MD HARUN 1. ) DARUL KHUSUS VENTURE SDN. BHD. 2. ) SHAHRIN IMRAN BIN ROSLI 3. ) ABDUL RAHMAN BIN ISHAK 4. ) KUMPULAN SEMESTA SDN. BHD.

Citation

BA-24NCC-31-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-31-03/2024 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff failed to establish oppression under s.346; the allegations amounted to management decisions, private contractual disputes or mismanagement and did not demonstrate the requisite targeted, unfair conduct against the minority shareholder; employment and contractual remedies lie in appropriate fora or by derivative action for company loss; accordingly the s.346 application is dismissed with costs.
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.

Malaysia Case Law

RAHIMUDDIN BIN MD HARUN 1. ) DARUL KHUSUS VENTURE SDN. BHD. 2. ) SHAHRIN IMRAN BIN ROSLI 3. ) ABDUL RAHMAN BIN ISHAK 4. ) KUMPULAN SEMESTA SDN. BHD.

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