Ong Chee Kwan J:

Introduction

[1] When should the Court permit an application by a party to cross-examine an independent valuer on his valuation report made pursuant to a buy-out order to fix the fair value for the purchase of the successful plaintiff's shares in a minority oppression action? Should there be a distinction between a buy-out order where the final fair value for the shares is to be fixed by the Court and one where the final fair value is fixed by the appointed independent valuer? What must be demonstrated before the Court will permit the independent valuer to be cross-examined on his valuation report?

[2] Enclosure 385 is an application filed by the 4th Defendant to make representation and cross-examination of the valuation report prepared by Deloitte Business Advisory Sdn Bhd ("Deloitte") in respect of the Plaintiff's 6,466,666 shares in the 4th Defendant ("the Plaintiff's Shares") as at 24 December 2019 ("the Valuation Date").

[3] In this judgment, this Court had to examine the questions raised above.

Background Facts

[4] On 9 November 2022, pursuant to an oppression action in the Originating Summons filed herein ("the OS"), this Court granted the Plaint