HIGH COURT MALAYA KUALA LUMPUR
CONCRETE PARADE SDN BHD – Appellant
Versus
APEX EQUITY HOLDINGS BERHAD & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's status as a shareholder and transactions related to the case. (Para 1 , 2 , 4) |
| 2. facts of the case regarding share transactions. (Para 3) |
| 3. claims regarding minority oppression were assessed. (Para 7 , 9) |
[1] The plaintiff is a shareholder in Apex Equity Holdings Berhad ("Apex Equity"), the first defendant. It brought an action against the defendants for minority oppression under s 346 of the Companies Act 2016 . The complaint of oppression and unfair discrimination emanated from two discrete sets of transactions. The first related to certain share buy-back transactions that had been conducted by Apex Equity between 205 and 2017. The second was the proposed merger of the stockbroking business of a subsidiary of Apex Equity, JF Apex Securities Berhad (the second defendant, which is referred to here as "JF Apex") with the business of Mercury Securities Sdn Bhd ("Mercury").
[2] Apex Equity is a publicly listed company. JF Apex is the holder of a licence issued under the Capital Markets and Services Act 2007.
[3] Apex Equity and JF Apex entered into a Business Merger Agreement with Mercury on 18 December 2018. Under the terms of this agreement, Mercury was
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