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2025 MarsdenLR 937

HIGH COURT MALAYA KUALA LUMPUR
NG KAE JENG – Appellant
Versus
INVENPRO (M) SDN BHD & ANOR; COMPANIES COMMISSION OF MALAYSIA (INTERVENER) – Respondent


Petitioner Advocates:Lee Hoe Leong,Kong Kai Yan ,Respondent Advocate: Kok Pok Chin,Ng Pau Chz

JUDGMENT

Atan Mustaffa Yusoff Ahmad J:

Introduction

[1] Before the court is an Originating Summons filed by the Plaintiff, Mr Ng Kae Jeng, seeking, inter alia, declarations that his removal as a director of the First Defendant company was invalid, that the appointment of the Third Defendant as company secretary was unlawful, and requesting reinstatement as a director. The application is primarily framed under s 346 of the Companies Act 2016 (" CA 2016") as an oppression action, with aspects also overlapping with s 602 pertaining to rectification of the company register.

[2] This case presents important questions regarding statutory compliance in the removal of company directors, the appointment of company secretaries, and the intersection between the court's jurisdiction and the statutory powers of the Companies Commission of Malaysia ("CCM").

Background Facts

[3] The Plaintiff and the Second Defendant, Mr Liang Kien Hui, are the shareholders of the First Defendant, Invenpro (M) Sdn Bhd., a company incorporated in Malaysia on 4 July 2005. Each holds 500,100 shares, representing an equal 50% shareholding. The Plaintiff has been a director of the First Defendant since 1 September 2005,

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