Ong Chee Kwan JC:

GROUNDS OF JUDGMENT (NO. 4)

(In respect of Enclosures 1 and 110)

Introduction

[1]Enclosure 1 is an action for minority shareholders’ oppression filed under Section 346Companies Act 2016the CA 2016’).

[2]Prior to the hearing of Enclosure 1, the Plaintiffs filed Enclosure 110 to convert the Originating Summons under Enclosure 1 into a Writ action. The Plaintiffs contended that there are pertinent issues of facts to warrant calling of third-party witnesses who have personal knowledge of the matters but are not parties and have not filed any affidavits in this action.

[3]Enclosure 110 was heard on 13.9.2021, after the parties had completed exchange of affidavits and written submissions. However, I made no decision or determination after the hearing, preferring instead to re-visit the application after the lodgement of the parties’ respective written submissions on Enclosure 1. Although I was inclined to dismiss Enclosure 110 at that time, nevertheless, I wanted the opportunity to read the parties’ respective written submissions on the main action to satisfy myself that the loss of opportunity for the Plaintiffs to call third party witnesses would not prejudice my determinat