JUDGMENT

(Enclosure 1)

Adlin Abdul Majid JC:

A. Introduction

[1] The plaintiff filed an originating summons, seeking inter alia, a declaration that the affairs of the 3rd defendant have been conducted in a manner oppressive to the interest of the plaintiff. The 1st, 3rd, 4th and 5th defendants (collectively, the "defendants") opposed the originating summons.

[2] The court allowed the prayers in the originating summons, for the reasons set out below.

B. Background Facts

[3] The plaintiff and the 1st and 2nd defendants are siblings. Their other siblings are Gary Ho Yau Way ("Gary") and Kevin Ho Yau Kong.

[4] The plaintiff and the 1st and 2nd defendants incorporated the following companies:

a. The 3rd defendant, incorporated in 1992. The 3rd defendant's principal business is consultation, and the design and development of computer software, with focus on the concrete manufacturing and construction sectors. The directors and shareholders of the 3rd defendant are the plaintiff, the 1st defendant and Gary. The 1st defendant is responsible for the financial management and the day-to-day management of the 3rd defendant.

b. The 4th defendant, incorporated in 1994. The 4th defendant's principal busine