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COURT OF APPEAL PUTRAJAYA
CJ POLYMERS SDN BHD – Appellant
Versus
SIM CHIN HU & ORS AND OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. introduction to the appeals and parties involved. (Para 1 , 2 , 4) |
| 2. founders established a trading company. (Para 8 , 10 , 11) |
| 3. sim's complaints of oppression by co-founders. (Para 12 , 13) |
| 4. defendants deny allegations and present misconduct. (Para 14 , 15 , 16) |
| 5. high court's findings on quasi-partnership. (Para 20 , 21 , 23 , 24) |
| 6. court's ruling on financial claims. (Para 25 , 26 , 27) |
| 7. issues presented in the appeals. (Para 32 , 33 , 34 , 35) |
| 8. legal standards for oppression under the companies act. (Para 45 , 46) |
| 9. court's buyout order justification. (Para 62 , 63) |
Introduction
[1] There are three appeals before us. All the appeals arise from a minority oppression action filed by Sim Chin Hu (Sim). The main issue in the High Court was whether his removal from the management of the company that he co-founded constituted oppression, notwithstanding the fact that there was a pending claim by the company against him for breach of fiduciary duty. The second issue was whether the quasi-partnership arrangement between Sim and his co-founder (Kerk Han Meng) terminated upon the admission of new shareholders. Sim was successful in the Court
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