RAMANATHAN A/L N RENGASAMY PILLAI v 1. ) Siangpack Sdn Bhd 2. ) Thornico Food & Food Technology A/S 3. ) Ernesto Walter Schonbrod 4. ) Thor Stadil 5. ) Marianne Schelde 6. ) Chen Meng Fung
Catchwords
1. This Originating Summons in Enclosure 1 concerns an application by the Plaintiff under section 346 of the Companies Act 2016, seeking reliefs against what he alleges to be acts of oppression and unfair prejudice in the conduct of the affairs of Siangpack Sdn Bhd (“the Company”). 2. The Plaintiff, a minority shareholder of the Company, contended that the Second to Sixth Defendants, being the majority shareholders and directors, have managed and conducted the affairs of the Company in a manner that is oppressive to him and disregards his interests as a member. 3. The Defendants, in turn, denied any allegation of oppressive or unfair conduct. They maintained that all actions taken were bona fide and within the proper exercise of their powers as directors and shareholders. The Prevailing Issue 4. Against this backdrop of competing assertions, the central issue for determination is whether, on the facts and circumstances before this Court, the conduct of the Defendants constitutes oppression, unfair discrimination, or prejudice against the Plaintiff within the meaning of section 346 of the Companies Act 2016; and, if so, whether the Court ought to intervene to grant the reliefs sought to bring an end to the matters complained of.
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Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-24ncc-15-04-2025)