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HIGH COURT MALAYA KUALA LUMPUR
KOAY PENG SOON – Appellant
Versus
LEE SEIK FUN & ORS – Respondent
| Table of Content |
|---|
| 1. background facts on parties and shareholding. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. plaintiff's claims of oppression under the companies act. (Para 9 , 10 , 11 , 12 , 14 , 15 , 16) |
| 3. defendants' rebuttal and counterclaims against the plaintiff. (Para 18 , 19 , 20 , 22 , 23 , 24 , 28) |
| 4. legal analysis of oppression under s 346 of the companies act. (Para 25 , 26 , 27 , 29 , 30) |
| 5. court's assessment of denial of access to accounts. (Para 36 , 37 , 41 , 59) |
| 6. oppressive diversion of funds claim analysis and findings. (Para 60 , 61 , 62 , 63) |
| 7. court's decision on appropriate remedy of buy-out. (Para 80 , 81 , 82 , 89 , 90) |
| 8. dismissal of defendants' counterclaim. (Para 94 , 95 , 96 , 104) |
| 9. final orders and conclusions made by the court. (Para 106 , 108 , 109) |
Introduction
[1] Before the court is an originating summons filed by the Plaintiff under s 346 of the Companies Act 2016 seeking a declaration that the 1st and 2nd Defendants have conducted the affairs of the 3rd Defendant in an oppressive manner and in disregard of the Plaintiff's interests as a minority shareholder of the 3rd Defendant. The Plaintiff also seeks a buy-out
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