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2013 MarsdenLR 1883

HIGH COURT SABAH & SARAWAK KUCHING
OON HOON WAH – Appellant
Versus
NOBLE GLOBAL SDN BHD & ORS – Respondent


Table of Content
1. family feuds leading to corporate disputes. (Para 1 , 1 , 2 , 3)
2. denial of allegations by defendants. (Para 4 , 5)
3. judicial interpretation of corporate oppression. (Para 6 , 7 , 8)

[1] In essence, this action is about a feuding family. The plaintiff is the son, suing his parents (the 3rd and 4th defendants) and his sister (the 5th defendant). The 1st and 2nd defendants are family owned enterprises and the plaintiff in his prayer in the originating summons is seeking to declare that he is entitled to hold 50% of the share in these two companies and following that declaration, for his father to then purchase those shares at a price to be determined by Messrs Chantiran & Co. The alternative prayer is to wind up the two companies. The basis for this action is the son's claim that he was instrumental in building up the two companies into profitable ventures and was earlier promised by his father 50% shares in the companies but instead his 20% share and 30% shares in the two companies were diluted to 10% and 7.5%, respectively. The dilution came about when the companies paid up shares were increased by his father and without his knowledge and consent, he alleged. He

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