CJ POLYMERS SDN BHD v 1. ) Kerk Han Meng [Notice Of Discontinuance At Encl. 27] 2. ) LEE YU MENG 3. ) KUA CHIN WEE 4. ) Sim Chu Hu

w-02imncc-1631-09-2024 Court of Appeal (Mahkamah Rayuan) 21 April 2025 • W-02(IM)(NCC)-1631-09/2024 • 40 min read
5 cases cited (0 SG, 5 foreign)

Catchwords

Minority oppression - Whether removal from management with shares locked in oppressive - Whether pending suit for misconduct against minority bars oppression action? - Whether sale of shares to new investor terminated quasi partnership on the facts? - Whether valuation expert should subject to cross examination whether original buyout order did not provide for it?

Practice Areas

Minority oppression

Judges (4)

Choo Kah Sing Coram Mohd Nazlan bin Mohd Ghazali Coram Nor Bee binti Ariffin Coram Ravinthran a/l Paramaguru Delivered

Counsel (18)

Alvin Tang Law Office Firm Brendan Siva Firm Douglas Yee Firm Jeevapartnership Firm Shui Tai Firm Aida Haryani binti Salamon Counsel Respondent Alvin Tang Wye Keet Counsel Respondent Brendan Siva Counsel Respondent Chong Kah Yee Counsel Appellant Dato' J. Shamesh Counsel Respondent Dato' K. Kirubakaran Counsel Appellant Goh Zhi En Counsel Respondent John Wong Yok Hon Counsel Appellant Kang Zhen Leong Counsel Respondent Ong Chern Yi Counsel Respondent Ponnie Govindasamy Counsel Respondent Raymond Tan Counsel Respondent Siew Choon Jern Counsel Respondent

Parties (5)

CJ POLYMERS Sdn Bhd Appellant Kerk Han Meng Respondent Kua Chin Wee Respondent Lee Yu Meng Respondent Sim Chu Hu Respondent

Case Significance

CJ POLYMERS SDN BHD v 1. ) Kerk Han Meng [Notice Of Discontinuance At Encl. 2... is a Court of Appeal (Mahkamah Rayuan) decision dated April 21, 2025 (citation: w-02imncc-1631-09-2024). <p>CJ Polymers Sdn Bhd and its co-appellants appealed against the High Court's decision in a minority oppression action filed by former director Sim Chin Hu under Section 346 of the Companies Act 2016, where the High Court found oppression and ordered a buyout of Sim's shares. The Court of Appeal largely dismissed the appeals, upholding the finding of oppression arising from Sim's removal from management while his shares remained locked in the company, and varied the valuation methodology to req The panel comprised Choo Kah Sing, Mohd Nazlan bin Mohd Ghazali, Nor Bee binti Ariffin and Ravinthran a/l Paramaguru, with Ravinthran a/l Paramaguru delivering the judgment.

Summary

CJ Polymers Sdn Bhd and its co-appellants appealed against the High Court's decision in a minority oppression action filed by former director Sim Chin Hu under Section 346 of the Companies Act 2016, where the High Court found oppression and ordered a buyout of Sim's shares. The Court of Appeal largely dismissed the appeals, upholding the finding of oppression arising from Sim's removal from management while his shares remained locked in the company, and varied the valuation methodology to require cross-examination of the valuation expert.

What was the outcome of CJ POLYMERS SDN BHD v 1. ) Kerk Han Meng [Notice Of Discontinuance At Encl. 2...?

<p>CJ Polymers Sdn Bhd and its co-appellants appealed against the High Court's decision in a minority oppression action filed by former director Sim C...

Statutes Cited

Companies Act 2016 (Cap 777)
s 346

Cases Cited (5)

UK (1)
[1973] AC 360
MY (4)
[1978] 2 MLJ 227 [2006] 5 MLJ 768 [2010] 6 CLJ 721 [2022] MLJU 455