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2021 MarsdenLR 1565

COURT OF APPEAL PUTRAJAYA
RINOTA CONSTRUCTION SDN BHD – Appellant
Versus
MASCON RINOTA SDN BHD & ORS – Respondent


Petitioner Advocates:Wong Hin Loong,Karen Ng Yueh Ying,Kenny Chan Yew Hoong ,Respondent Advocate: Prem Ramachandra

JUDGMENT

Mohamad Zabidin Mohd Diah JCA:

[1] This is an interlocutory appeal against the High Court Order dated 23 July 2019 ("the Impugned Order") dismissing the Petitioner's application to appoint Ferrier Hodgson MH Sdn Bhd ("FHMH") to prepare an expert report to advise the High Court on the fair price of the Petitioner's shares in the 1st respondent to be purchased jointly and severally by the 2nd and the 4th to the 7th respondents ("Petitioner's Application").

Material Background Facts

[2] By way of a petition filed in the High Court under s 181 of the Companies Act 1965, the appellant contended that it was oppressed by the 2nd respondent and the 4th to the 7th respondents.

[3] The oppressive conduct complained of centered on accounting malpractices and financial wrongdoings committed by the respondents and the total disregard by respondents of the Petitioners' legitimate expectation arising from the formation of a joint venture company, Mascon Rinota Sdn Bhd (1st respondent).

[4] In the Petition, the appellant prayed, among others, that its shareholding in the joint venture company be bought out by the 2nd to the 7th respondents.

[5] On 29 August 2012, the High Court granted the Petit

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