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HIGH COURT MALAYA SHAH ALAM
ELAINE YAP, J
NG CHIK VOON & ORS – Appellant
Versus
STRONGHOLD CYCLES SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. introduction of parties and actions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. factual background of the case. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. grounds for striking out the action. (Para 13 , 14 , 15) |
| 4. discussion of majority control in oppression claims. (Para 16 , 18 , 20 , 21 , 22 , 29) |
| 5. principles against reflective loss and proper plaintiff rule. (Para 36 , 37 , 38 , 39 , 42) |
| 6. concludes necessity for separate actions. (Para 52 , 55 , 56 , 60) |
Introduction
[1] This is an unusual case of an oppression claim filed under s 346 of the Companies Act 2016 (" CA ") by the majority shareholders of a company who also control the Board of Directors and the management of the company. The 1st Defendant, Stronghold Cycles Sdn Bhd ("Stronghold"), is the subject company and is named as a nominal party represented by the same solicitors representing the Plaintiffs.
[2] It is convenient to identify the parties by their names, affiliations and alliances:
[3] There are 2 related actions at the Shah Alam High Court which have been filed by the parties, namely:
(a) BA-22NCvC-75-02/2023 filed by Stronghold and the Majority Shareholders against KS Goh, Juan, Didi Res
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