The court emphasized the necessity of cross-examination to resolve factual disputes in minority oppression claims, allowing the introduction of further evidence to support the Plaintiff's case.

Introduction

[1] There are 4 applications made by the Plaintiff before the court:

1.1 Enclosure ("Encl") 290 in Originating Summons WA- 24NCC-410-09/2017 ("Menara Embun OS") and Encl 271 in Originating Summons WA-24NCC-411-09/2017 ("Modern Eden OS") seeking for the Plaintiff's further Affidavit affirmed on 10 September 2021 ("P afft 7") to adduce 12 volumes of documents be admitted in evidence for Both OS ("Further Affidavit Application"); and

1.2 Encl 286 in the Menara Embun OS and Encl 272 in the Modern Eden OS that the Plaintiff be granted leave to cross-examine, through counsel, Farah Mahami Binti Tan Sri Datuk Haji Mustapha Kamal on her Affidavits and Felina Binti Tan Sri Datuk Haji Mustapha Kamal on the Affidavits affirmed on her behalf ("Cross Examination Application").

[2] I had allowed the applications on 5 September 2023. These are the reasons for my decisions. As the applications were related, it is convenient to deal with all 4 applications in one judgment.

Background

[3] The Menara Embun OS and Modern Eden OS were filed by the Plaintiff, Datuk Kasi a/l Palaniappan ("DK") pursuant to s 346 of the Companies Act, 2016 (" CA 2016") complaining of minority oppression in respect of the affairs of Menara Embun Sdn Bhd and Modern Eden Sdn Bhd respectively.

[4] DK together with one Impresive Circuit Sdn Bhd also commenced another minority oppression claim in respect of Setia Haruman Sdn Bhd vide Originating Summons No WA-24NCC-290-07/2017 ("Setia Haruman OS"). In the Setia Haruman OS, DK was struck out as a Plaintiff on 25 April 2018 as he was not a shareholder of Setia Haruman. DK however owns 50% of the shares in Impresive Circuit. The Setia Haruman OS was heard and eventually dismissed by me on 25 June 2021. The court of Appeal had affirmed the decision on 20 January 2023. Impresive Circuit's leave application to appeal to the Federal court was dismissed by the Federal court on 15 August 2023.

[5] The Menara Embun OS and Modern Eden OS were converted into writ actions by Wong Chee Lin J but both had reverted back to OS actions after the 2nd to 4th Defendants' appeals to the court of Appeal was allowed on 26 August 2021 and the Plaintiff's application s for leave to appeal to the Federal court were dismissed on 21 February 2022.

[6] In each of the 3 OS Actions, Tan Sri Mustapha Kamal ("TSMK") was named as the 2nd Defendant. The Plaintiff's complaints in the 3 OS Actions are that alleged oppressive acts were carried out in breach of an alleged Understanding, New Board Understanding that DK allegedly had with TSMK and DK's legitimate expectation to participate in the management of Setia Haruman, Menara Embun and Modern Eden.

The Further Affidavit Applications

[7] Via P Afft 7, the Plaintiff seeks to adduce 12 volumes of documents as follows:

a) Volumes 1 to 3 - documents exhibited in the earlier affidavits in these proceedings;

b) Volume 4 - documents related to Setia Haruman Sdn Bhd;

c) Volumes 5 to 9 - documents pertaining to 15 other companies and Setia Haruman;

d) Volume 10 - documents pertaining to the affairs of several companies which existed before the incorporation of the 1st Defendant;

e) Volume 11 - the notes of proceedings of the cross examination of TSMK, Azmy and THP in the Setia Haruman OS from 17th to 19 March 2021(which the 2n