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2025 MarsdenLR 4675

HIGH COURT MALAYA KUALA LUMPUR
MAH YUEN SHI – Appellant
Versus
WONG KOON HUNG & ORS – Respondent


Petitioner Advocates:Yee Mei Ken,Lee See Loon,Mattheus Goon ,Respondent Advocate: Ong Keh Keong

JUDGMENT

Wan Muhammad Amin Wan Yahya J:

[1] This was an application via Originating Summons (Encl 1) by the plaintiff, a 40% minority shareholder of the 4th defendant, Masera Realty Sdn Bhd., under s 346 of the Companies Act 2016, alleging oppressive conduct by the majority shareholder, the 1st defendant, acting in concert with the 2nd and 3rd defendants.

[2] The plaintiff claims the 1st defendant, holding 60% of the shares, unlawfully appointed the 2nd defendant as director and the 3rd defendant as company secretary via a Members' Written Resolution dated 20 July 2022, contrary to the Articles of Association and statutory provisions. These acts, together with other conduct, are said to marginalise the plaintiff and disregard her rights as a minority member.

[3] By Notice of Application dated 8 August 2022 (Encl 2), the plaintiff sought an interim injunction to preserve the status quo of the Company's management and assets until the disposal of Encl 1. The following day, 9 August 2022, an ad interim injunction was granted, restraining the defendants from holding the Board of Directors' meeting scheduled for 11 August 2022 and from making any alterations to the Company's shares, assets,

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