1. ) Kerk Han Meng [Notice Of Discontinuance At Encl. 27] 2. ) LEE YU MENG v 1. ) Sim Chin Hu [Notice Of Cross Appeal At Encl. 5] 2. ) KUA CHIN WEE 3. ) CJ POLYMERS SDN BHD

w-02ncca-2148-11-2022 Court of Appeal (Mahkamah Rayuan) 21 April 2025 • W-02(NCC)(A)-2148-11/2022 • 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 (3)

Choo Kah Sing Coram Mohd Nazlan bin Mohd Ghazali Coram Ravinthran a/l Paramaguru Delivered

Counsel (18)

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

Parties (5)

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

Case Significance

1. ) Kerk Han Meng [Notice Of Discontinuance At Encl. 27] 2. ) LEE YU MENG v ... is a Court of Appeal (Mahkamah Rayuan) decision dated April 21, 2025 (citation: w-02ncca-2148-11-2022). <p>This appeal was heard together with Appeal 2146 and Appeal 1631, all arising from a minority oppression action in CJ Polymers Sdn Bhd. The key issues were whether removal from management with shares locked in constituted oppression, and whether a pending misconduct suit barred an oppression action. The appeal by Kerk Han Meng and Lee Yu Meng was dismissed with costs of RM50,000 to Sim Chin Hu.</p> The panel comprised Choo Kah Sing, Mohd Nazlan bin Mohd Ghazali and Ravinthran a/l Paramaguru, with Ravinthran a/l Paramaguru delivering the judgment.

Summary

This appeal was heard together with Appeal 2146 and Appeal 1631, all arising from a minority oppression action in CJ Polymers Sdn Bhd. The key issues were whether removal from management with shares locked in constituted oppression, and whether a pending misconduct suit barred an oppression action. The appeal by Kerk Han Meng and Lee Yu Meng was dismissed with costs of RM50,000 to Sim Chin Hu.

What was the outcome of 1. ) Kerk Han Meng [Notice Of Discontinuance At Encl. 27] 2. ) LEE YU MENG v ...?

<p>This appeal was heard together with Appeal 2146 and Appeal 1631, all arising from a minority oppression action in CJ Polymers Sdn Bhd. The key issu...

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