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HIGH COURT MALAYA KUALA LUMPUR
CHUAH SEONG KEAT & ORS – Appellant
Versus
DIN TAN YONG CHIA & ORS (NO 4) – Respondent
Yes, based on the provided document, the court dismissed the minority oppression claim. The court found that the Plaintiffs failed to establish the existence of a legitimate expectation or understanding that they would retain control over the management of the Thai Odyssey Group. The court emphasized that management control had been lawfully changed through the relevant agreements and that no evidence supported the existence of an enforceable understanding or expectation beyond the formal contractual arrangements. Additionally, the court noted that the Plaintiffs' complaints regarding mismanagement, dilution of shares, and breakdown of trust did not meet the criteria for oppression, as they did not demonstrate a distinct personal injury or unfair prejudice. Consequently, the court dismissed the originating summons and the application to convert it into a Writ action.
JUDGMENT
(No 4)
(In Respect Of Enclosures 1 And 110)
Introduction
[1] Enclosure 1 is an action for minority shareholders' oppression filed under s 346 of the Companies Act 2016 ('the CA 2016').
[2] Prior to the hearing of encl 1, the Plaintiffs filed encl 110 to convert the Originating Summons under encl 1 into a Writ action. The Plaintiffs contended that there are pertinent issues of facts to warrant calling of third-party witnesses who have personal knowledge of the matters but are not parties and have not filed any affidavits in this action.
[3] Enclosure 110 was heard on 13 September 2021, after the parties had completed exchange of affidavits and written submissions. However, I made no decision or determination after the hearing, preferring instead to re-visit the application after the lodgement of the parties' respective written submissions on encl 1. Although I was inclined to dismiss encl 110 at that time, nevertheless, I wanted the opportunity to read the parties' respective written submissions on the main action to satisfy myself that the loss of opportunity for the Plaintiffs to call third party witnesses would not prejudice my determination of the issues
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