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COURT OF APPEAL (PUTRAJAYA)
AZIMAH OMAR, JJCA, NANTHA BALA, J, AZIZAH NAWAWI, J
Ho Yau Hong & Ors – Appellant
Versus
How Yaw Ming and another – Respondent
| Table of Content |
|---|
| 1. overview of appeals and allegations of oppression. (Para 1 , 2 , 3 , 4 , 5) |
| 2. background on parties and business operations. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. high court's findings on oppression. (Para 14 , 15) |
| 4. court's observations on plaintiff's complicity. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. threshold for proving minority oppression. (Para 24 , 25 , 26 , 27) |
| 6. issues surrounding mismanagement and proper remedies. (Para 28 , 29 , 30 , 31 , 32) |
| 7. court's assessment of transactions and signatory responsibilities. (Para 33 , 34 , 35 , 36) |
| 8. court's reasoning on responsibility and assumptions by parties. (Para 37 , 38 , 39 , 40 , 41 , 42) |
| 9. final judgment and order. (Para 43 , 44 , 45 , 46) |
GROUNDS OF JUDGMENT
A. FACTUAL BACKGROUND OF THE APPEAL
[1]There are two related appeals before us namely; (i) Rayuan Sivil No: W 02(NCC)(A)-1801-09/2021(“Appeal 1801”) and (ii) Rayuan Sivil No: W- 02(IM)(NCC)-1488-08/2021 (“Appeal 1488”). Appeal 1801 is regarding the Respondent’s Oppression Action against the Appellants via Originating Summons (OS Action) which was allowed by the learned Judicial Commissioner (JC) mainly on the grounds of statu
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