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FEDERAL COURT PUTRAJAY
LOOH SIONG CHEE – Appellant
Versus
NUMIX ENGINEERING SDN BHD & ORS AND OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. overview of the oppressive conduct petition. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. findings of the trial judge regarding oppression. (Para 14 , 15) |
| 3. court of appeal's findings and reasoning. (Para 18 , 19) |
| 4. arguments and considerations for reconsidering section 181. (Para 20 , 21 , 22) |
| 5. legal principles discussed related to section 181. (Para 24 , 25 , 26 , 27 , 28 , 30 , 32 , 34) |
| 6. final ruling and dismissal of appeals. (Para 33) |
[1] There are four appeals by the appellants against the decision of the Court of Appeal that had affirmed the decision of the High Court. The core issue that became the subject-matter of the appeals was the decision that granted an oppression petition under s 181 of the Companies Act 1965 against the appellants.
Leave To Appeal
[2] Pursuant to s 96(a) of the Courts of Judicature Act 1964, leave to appeal was granted on 15 October 2012, on a single question, which reads:
"Whether the test under s 181 of the Companies Act 1965 as expounded by the Privy Council in Re Kong Thai Sawmill (Miri) Sdn Bhd; Kong Thai Sawmill (Miri) Sdn Bhd & Ors v. Ling Beng Sung, [1978] 2 MLJ 227 should be reconsidered in the light of recent de
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