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FEDERAL COURT PUTRAJAYA
JET-TECH MATERIALS SDN BHD & ANOR – Appellant
Versus
YUSHIRO CHEMICAL INDUSTRY CO LTD & ORS AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. appeals against high court decision (Para 1 , 2 , 3) |
| 2. background of shareholder disputes (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. petition arguments and relief sought (Para 13 , 14) |
| 4. high court's findings on oppression (Para 15 , 16 , 19 , 20 , 21) |
| 5. interpretation of 'just and equitable' (Para 22 , 23 , 24 , 30) |
| 6. applicability of ebrahimi principles (Para 31 , 32) |
| 7. court of appeal's assessment of claims (Para 35 , 38) |
| 8. evaluation of management decisions and s 181 applicability. (Para 36 , 39) |
[1] There are two appeals before us namely Civil Appeal No 02-32-2011(W) ("1st appeal") and Civil Appeal No 02-33-2011(W) ("2nd appeal"). Both appeals are against the decision of the Court of Appeal dated 18 January 2011 allowing the respondents' appeal and thus setting aside the decision of the High Court dated 13 April 2010. The High Court had allowed the appellants' petition under s 181 of the Companies Act 1965 ("CA") and had granted the appropriate relief thereunder to the appellants.
[2] The appellants in both appeals are Jet-Tech Materials Sdn Bhd ("Jet-Tech") and Chen Siew Man ("Chen"). The respondents in the 1st appeal are Yushiro Chemical Industry Co Ltd (
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