JUDGMENT

S Nantha Balan JCA:

Introduction

[1] The appellant filed Johor Bahru High Court Originating Summons No: JA-24NCC-6-02/2019 on 11 February 2019 ("OS 6") as an oppression action under s 346 of the Companies Act 2016 (" CA 2016"). Essentially, OS 6 was directed at the conduct of 2 directors of the company of which the plaintiff was the majority shareholder. The oppression action was predicated on the appellants complaint, inter alia, that the 2 directors had misappropriated monies belonging to the company.

[2] The appellant sought various reliefs, including damages arising from the acts of oppression. The appellant had also specifically prayed for the monies which had been defalcated, to be repaid to the company. However, the specific prayers for restitution of the monies were struck out as being contrary to "the rule against reflective loss".

[3] This is an appeal by the appellant against the decision of the learned Judge ("the Judge") of the High Court in Johor Bahru dated 19 August 2019 wherein prayers [A] and [B] of OS 6 were struck out. Prayers A and B of OS 6 shall be referred to as "the impugned prayers".

[4] The rule against reflective loss bars a party who has suffered