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2013 MarsdenLR 1770

HIGH COURT MALAYA KUALA LUMPUR
CHAN FONG CHENG – Appellant
Versus
AUNFU FIBRE BOARD (M) SDN BHD & ORS – Respondent


Table of Content
1. arguments regarding service and locus standi. (Para 1 , 11 , 12 , 15 , 16)
2. company's dormant status and shareholder context. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
3. court's analysis on oppression. (Para 9 , 10 , 13 , 17)
4. ratio decidendi on oppression definition. (Para 18)
Application

[1] Enclosure (16) is the application filed by the Defendants to set aside the Order dated 30 January 2013 on the following grounds:

(i) that the Originating Summons ('the OS') was not served personally on the defendants;

(ii) that the Plaintiff has no legal rights to the said orders;

(iii) that this Court has no jurisdiction to grant the said orders;

(iv) the company is dormant with no active business; and

(v) the OS against the defendants is mala fide.

The Salient Facts

[2] The Plaintiff is a minority shareholder of the 1st Defendant Company ('the Company'), holding 210,001 shares.

[3] The Company was incorporated on 27 May 1993 dealing with the manufacture and sale of wood and activated carbon. However, from the company search with SSM on 12 October 2012, the Company had ceased its activities and is now dormant.

[4] The Company own two (2) pieces of land in Perak, registered in the name of Kw

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