HIGH COURT MALAYA KUALA LUMPUR
ISM SENDIRIAN BERHAD – Appellant
Versus
QUEENSWAY NOMINEES (TEMPATAN) SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. introduction to the originating summons and minority oppression claims. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10) |
| 2. summary of arguments presented by both parties. (Para 11 , 12 , 13) |
| 3. court's observations on the necessity for oral evidence in disputed facts. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. legal basis for conversion application recognized by the court. (Para 26 , 27 , 30 , 33) |
Introduction
[1] In this case the Defendants' application for determination by this court is to convert the originating summons ('OS') filed by the Plaintiff to a writ action. The OS is premised on allegation of minority oppression under s 181 of the Companies Act 1965 on the Plaintiff by the Defendants.
Material Facts
[2] The facts only relevant for the purpose of this application are provided by the Defendants. There is no reason to depart from these facts as I find that it serves the purpose why the application for the conversion of the OS into a writ action is being made now. It is to be observed, as this is now only a preliminary application regarding the mode upon the hearing of the Plaintiff's case for minority oppression, the fact
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