JUDGMENT

Facts of Case1. On 27/1/10 the Plaintiff filed this action against the 1st Defendant, Ho Hup Construction Company Bhd (Ho Hup) and 28 others. In it the Plaintiff sought to secure the compliance by the Defendants with the Malaysian Code on Take-Overs and Mergers 1998 (the Code) and the Securities Commission Act 1993 . (the SCA ). In particular the Plaintiff sought inter alia, the following reliefs:-a) A declaration that the 2nd to 29th Defendants are parties acting in concert in the acquisition of control of Ho Hup.b) A declaration that the 2nd to 29th Defendants have breached the Code and the in failing to make a mandatory general offer for the shares of Ho Hup.c) An order directing the 2nd to 29th Defendants or one or more of them to make a mandatory general offer for the shares in Ho Hup in accordance with the provisions of the Code and/or the .d) Special and/or general damages and/or equitable compensation.e) Damages at common law for conspiracy to injure.f) Punitive damages andg) Costs.

2. Pending trial in this case investigations were commenced by Suruhanjaya Syarikat Malaysia (the SSM) into complaints made against the 2nd, 3rd and 5th Defendants for alleged offence