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2021 MarsdenLR 3436

HIGH COURT MALAYA PULAU PINANG
CHAN ENG LEONG & ANOR – Appellant
Versus
GOH CHOON KIM & ORS AND ANOTHER CASE (ENCLS 3 32 & 33).... – Respondent


Petitioner Advocates:Karin Lim,A Suppiah,Nicholas Lim,Maegen Seah ,Respondent Advocate: Wong Chong Wah,M Thayalan,Wong Chun-Keat,Chong Jun Min

JUDGMENT

Wong Hok Chong JC:

Introduction

[1] These 2 suits pertain to a dispute between the same shareholders over the control of 2 companies.

[2] The protagonists, on the one side, are Chan Eng Leong and his wife, Chong Choo Bee, the first (P1) and second (P2) plaintiffs respectively in both suits. And on the other side are Goh Choon Kim and his wife, Ong Ah Poh, the first (D1) and second (D2) defendants respectively in both suits.

[3] The subject companies are Global Tobacco Manufacturers (International) Sdn Bhd in Suit PA-22NCVC-8-01/2020 ("Suit No 8") and GTM Marketing Sdn Bhd in Suit PA-22NCVC-9-01/2020 ("Suit No 9"), the third defendants in the respective suits.

[4] There are some differences between the 2 suits in terms of parties and representations:

(1) In Suit No 8, the subject company is separately represented. For the purposes of the instant applications, they have taken a neutral stand.

(2) In Suit No 9. the subject company is not represented. This, I am told, is because the company is in a deadlock situation. There are also a couple of additional parties:

(a) There is a third plaintiff. P1 and P2's nominee company, Natural Transforms Sdn Bhd (P3); and

(b) There is a fourth defe


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