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2021 MarsdenLR 1857

HIGH COURT MALAYA MUAR
TAN HUAN HIANG – Appellant
Versus
CHAN CHOW HING & ORS – Respondent


Petitioner Advocates:Ong Wen Li ,Respondent Advocate: Sanjev Kumar Maniam

Judgement Key Points

The provided legal document does not explicitly contain a section that states that the transfer of shares to a holding company constitutes oppression. The document discusses the principles of minority oppression, the conduct of majority shareholders, and the legal remedies available under the Companies Act 2016, but it does not specifically address or mention the transfer of shares to a holding company as a form of oppression.


JUDGMENT

Awang Armadajaya Awang Mahmud JC:

Introduction

[1] This is an Originating Summons seeking for the following reliefs:

i. A Declaration that the 1st, 2nd and 3rd Defendants / Respondents either jointly or severally who have managed the 4th Defendant / Respondent ie Syarikat Ban Heng Credit (M) Sdn Bhd and / or abused their position to oppress and / or neglect and / or acted in an unfair manner which jeopardise the interest as a shareholder of the 4th Defendant / Respondent ie Syarikat Ban Heng Credit (M) Sdn Bhd.

ii. That the 1st, 2nd, 3rd Defendants / Respondents either jointly or severally reimburse all monies for all compounds, monies and penalties which were paid by the Plaintiff / Applicant for or on behalf of the 4th Defendant / Respondent ie Syarikat Ban Heng Credit (M) Sdn Bhd to any government agency.

iii. That the 1st, 2nd and 3rd Defendant jointly and severally pay damages to be assessed, to the 4th Defendant / Respondent ie Syarikat Ban Heng Credit (M) Sdn Bhd on the losses suffered by the Plaintiff as a result of the mismanagement or dishonest act(s) of the 1st, 2nd, and 3rd Defendants / Respondents.

iv. That the 1st, 2nd, 3rd Defendants / Respondents are to pay all th


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