Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Share transfer restrictions

Legal area

Court

12 Mar 2025

LEE BEE SUN 1. ) SIEW SEOW KIM 2. ) MUCK HO WAN 3. ) SUPER RESOURCES & TRADING SDN. BHD

Citation

WA-24NCC-249-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-249-05/2024 (Mahkamah Tinggi)

Dismissal because plaintiff failed to establish that the rights complained of derived from her status as a shareholder or that there existed oppression under s.346: alleged wrongs either arose from her role as a director or were wrongs to the company (properly pursued derivatively under s.347); no quasi‑partnership or pleaded legitimate expectation; pleadings lacked specific averments linking shareholder status to management rights.
16 Aug 2024

PEMPETISYEN Ong Soo Kwee Loh Realty Sdn Bhd

Citation

WA-28NCC-710-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-710-07/2023 (Mahkamah Tinggi)

The court held that on the facts there was an irretrievable breakdown in mutual trust and confidence among the family shareholders, the petitioner’s substantial shareholding was effectively locked by the company constitution with no practical exit, the prior oppression decision involved a different cause and factual matrix and did not bar the present just and equitable petition, and therefore it was just and equitable to wind up the company; costs were ordered to be paid to the petitioner out of the company’s proceeds.