JUDGMENT

Leong Wai Hong J:

Application to proceed with oppression Originating Summons as if begun by way of a Writ]

Introduction

[1] The plaintiff holds a 35% share in Peninsular Steel Galvanising Sdn Bhd ("PSG"), the first defendant in this case. The second defendant [Ng Kong Chen @ Ng Ting Miew (NRIC No.: 490325-10-5455) and the third defendant [Ng Jinn Yeong (NRIC No.: 810326-14-5547] are directors of PSG, with the second defendant owning 55% of the shares and the third defendant owning 10% of the shares in PSG.

[2] The plaintiff has filed an Originating Summons dated 23 April 2024 in encl 1 ("OS") against the 2nd and 3rd defendants seeking a remedy premised on s 346 of the Companies Act 2016 [" CA 2016"] on the ground:

i. that the affairs of PSG are being conducted or the powers of the directors are being exercised in a manner oppressive to him as a member;

ii. or in disregard of his interests as a member.

[3] Affidavits were filed by the parties. Subsequently, the plaintiff filed an application in encl 13 dated 3 October 2024 under O 28 r 8(1) Rules of 2012 ["ROC 2012"] to proceed with the OS as if it was begun by way of a Writ. This is opposed by the defendants.

Plaintiff's Conten