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2005 MarsdenLR 2385 ; 2005 MarsdenLR 1

KANG HWEE GEE
EDMUND CHARLES LIEBENBERG – Appellant
Versus
ICB-GRIFFIN MANUFACTURING SDN BHD – Respondent


Advocates:
For the petitioner - Anantham Kasinather; M/s Skrine & Co
For the 1st & 3rd respondents - Hazalina Haron; M/s Rahman Too & Co
For the 2nd, 4th & 9th respondents - Sunther Thulasi (Rajpal Singh with him); M/s Zahari & Rakan-rakan)
For the 5th & 6th respondents - David Mathews; M/s Mathews Hun Kandiah

JUDGMENT

Kang Hwee Gee J:

The Petitions

The two petitions, D4-26-2-1998 and D5-26-3-1998 were consolidated.

They were based on similar complaints and were for similar relief under s. 181 of the Companies Act 1965.

The petition D4-2-1998 was directed to the directors of ICB-Griffin Manufacturing Sdn Bhd the 1st respondent; and the petition in D5-26-3-1998 to the directors of ICB-Griffin Marketing Sdn Bhd (the 1st respondent).

The directors of ICB-Griffin Manufacturing Sdn Bhd were also the directors of ICB-Griffin Marketing Sdn Bhd.

The complaints in the respective petition were in respect of the same acts of oppression by the common directors of the two related companies ICB-Griffin Manufacturing Sdn Bhd (the 1st respondent in D4-26-2-1998) and ICB-Griffin Marketing Sdn Bhd (1st respondent in D5-26-3-1998) which the petitioner claimed were committed against him at the behest of the directors of Instantgreen Corporation Bhd (the 2nd respondent) and ICB-Machineries Sdn Bhd (the 3rd respondent).

The earlier part of the proceedings was conducted before His Lordship Steve Shim J (as he then was before his elevation as Chief Justice East Malaysia), before whom the parties had agreed fro

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