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1988 MarsdenLR 1100

SITI NORMA YAAKOB
VERGHESE MATHAI – Appellant
Versus
TELOK PLANTATIONS SDN BHD – Respondent


Advocates:
G Sri Ram (Grace Lim (Miss) with him) for the fourth respondent/applicant.
AJ Dason for the petitioner/respondent.
Solicitors: Sri Ram, Zulkifly & Kumar; Dason & Co. Reported by Ng Sheau Jiuan

Siti Norma Yaakob J

The only issue that was raised by the fourth respondent in its application to have itself struck out as a party to this action is that the petitioner has no locus standi to present a petition under ss 181 and 218 (1)(f) and (i) of the Companies Act 1965 ('the Act').

Section 181 deals with the relief available to any member or holder of a debenture of a company, who claims that he has been oppressed either by any act done or any power exercised in a manner prejudicial to his interests in the company or that some act had been done which unfairly discriminates him as a member of the company.

In this case the petitioner claims that a creditors' compromise on a scheme of arrangement formulated by the second and third respondents to enable the fourth respondent now in receivership to reduce its financial burden and strengthen its financial position, is oppressive to him and he seeks the court's aid to prohibit the fourth respondent from proceeding with the scheme.

Relief under s 181 is only available to a member of a company who maintains that he has been oppressed by anything done or power exercised in the company and the first thing that the petitioner has to satisf

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