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2024 MarsdenLR 1179

HIGH COURT MALAYA KUALA LUMPUR
ATAN MUSTAFFA YUSSOF AHMAD, J
KERK HAN MING – Appellant
Versus
LEE YU MENG & ORS – Respondent


Petitioner Advocates:Dato J Shamesh,Kumarappan Ramasamy,Suzanne Kurian ,Respondent Advocate: Alvin Tang,Kang Zhen Leong

JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] This judgment concerns an application for leave to cross-examine deponents in an oppression action under the Companies Act 2016 . The underlying dispute involves a minority shareholder who claims he was wrongfully removed as director and had his shareholding diluted through a share allotment to a new director. The applicant seeks to cross-examine witnesses on three main issues: whether the company operates as a quasi-partnership, the circumstances leading to the shareholder's removal as director, and allegations of financial misconduct. The application was filed approximately six months after the exchange of the main affidavits and two months before the scheduled hearing date of the oppression action. The respondents oppose the application on grounds that it was filed with undue delay, the disputed facts are not central to the core issues, and there is sufficient documentary evidence for determination. This matter requires the court to consider whether particular circumstances justify departing from the usual practice of determining such applications on affidavit evidence alone.

Background Facts

[2] CJ Polymers Sdn Bhd was incorporated on 16

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