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2022 MarsdenLR 1133

HIGH COURT MALAYA KUALA LUMPUR
COMMERCEONE PROPERTY SDN BHD & ANOR – Appellant
Versus
LEE SENG KHOON & ORS – Respondent


Petitioner Advocates:Gopal Sreenevasan,Leong Phaik Leng ,Respondent Advocate: S Kanaga Sundran,Nur Syahirah Mohd Fauzi,Kevin Siaw Jing Tham

JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] This is a minority oppression claim by the Plaintiffs against the 1st and 2nd Defendants in relation to the conduct of the affairs of the companies named as 3rd to 13th Defendants ("unless specifically referred to are referred to as "the companies"). It is alleged that the 2nd Plaintiff has a legitimate expectation to remain on the boards of the companies given the relationship between the 2nd Plaintiff, the 1st Defendant and the 2nd Defendant in respect of the incorporation and operation of these companies. It also arises from the conduct of the parties. It is further alleged that the 2nd Plaintiff and/or her nominees' removal is a breach of the legitimate expectation resulting in unfairly prejudicial conduct within the meaning of s 346 of the Companies Act 2016 (" CA 2016").

[2] After a full trial conducted virtually online by using the Zoom video conferencing platform over 4 days, confined to the issue of liability under s 346 CA 2016, I had on 23 June 2022 decided that the Plaintiffs have on a balance of probabilities, succeeded in establishing a case of oppression under the said section against the Defendants. Parties were to ad


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