JUDGMENT

Amarjeet Singh Serjit Singh JC:

Introduction

[1] The plaintiff, Shanxi Weixin Construction Engineering Co Ltd had on 10 July 2019 commenced an oppression action against the 1st defendant, Chang Tong Lee who is a director of the 2nd defendant, Oceantrax Engineering Sdn Bhd pursuant to s 346 of the Companies Act 2016 . It sought a declaration that the 1st defendant has conducted the affairs of the 2nd defendant in a manner that is oppressive and unfairly prejudicial to it as a shareholder of the company. If the declaration is granted the plaintiff prays for an order that the 1st defendant purchases the plaintiff's shares in the company or for an order to wind up the company.

[2] On 20 February 2020 I dismissed the application with costs. On the 13 March 2019 the plaintiff filed an appeal against the decision. The reasons for my decision are set out below.

Background

[3] The 2nd defendant is a company incorporated in Malaysia with its registered address in Bukit Mertajam, Penang. It carries on, amongst others, the business of engineering, the carrying out of experimental, development and commercial works in connection therewith and providing provisions of mechanical and electrical