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HIGH COURT MALAYA KUALA LUMPUR
DATO CHANG JONG YU – Appellant
Versus
DATO SERI YONG TU SANG & ORS – Respondent
| Table of Content |
|---|
| 1. shareholder and director status. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. claims of oppressive conduct. (Para 8 , 9 , 10) |
| 3. law on oppression under companies act. (Para 11 , 12 , 13 , 14) |
| 4. removal of company documents as oppression. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. resolutions passed in breach of agreement. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. quasi-partnership considerations. (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 7. breach of fiduciary duties and oppression. (Para 38 , 39 , 40 , 41) |
| 8. execution of jdas as oppressive conduct. (Para 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 9. diversion of assets and oppression. (Para 50 , 51 , 52) |
| 10. distinct causes of action in related suits. (Para 53 , 54 , 55) |
| 11. court's decision and orders. (Para 56) |
A. Introduction
[1] The plaintiff filed an originating summons seeking a declaration that the 1st to 3rd defendants had conducted the affairs of the 4th defendant in a manner that is oppressive to the plaintiff. The plaintiff also sought, inter alia, the following orders:
a. that the 1st, 2nd and/or 3rd defendants purchase the plaintiff's 1,462,500 ordinary shares in the 4th defendant based on the fair
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