LOI YAP LOONG v 1. ) HARALD RICHARD HEMMING 2. ) SUSAN ENID DICKMAN 3. ) CHONG SHEAU FENG 4. ) COARA SOLAR SDN BHD

wa-22ncc-530-08-2024 High Court (Mahkamah Tinggi) 10 March 2026 • WA-22NCC-530-08/2024 • 40 min read
4 cases cited (0 SG, 4 foreign)

Outcome

For the reasons above, I allowed only prayer (i) of paragraph 50 of the statement of claim. I granted a declaration that the 37,500 shares of and beneficially owned by him, and were not held in trust for D1 or D2. I did not allow the other Correspondingly, I dismissed the Defendants.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-22ncc-530-08-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Full trial – Transfer of shares by defendant to plaintiff – Whether outright gift – Whether the shares are held by plaintiff as collateral or on trust for defendant – Whether defendant breached fiduciary duties as director to plaintiff as shareholder – Whether defendant obliged to restore plaintiff’s shareholding to its original percentage of 5% - Whether minority oppression – Whether Order 40A affidavit must be filed in relation to the share valuation report

Practice Areas

Company Law Equity & Trusts

Judges (1)

Quay Chew Soon Delivered

Counsel (8)

Ganendrah & Associates Firm S Ravenesan Firm Arjun Mohanakrishnan Counsel Defendant Athena Don Counsel Plaintiff Ravenesan Sivanesan Counsel Plaintiff Sashvinna Anne Counsel Plaintiff Siti Nur Amirah Aqilah binti Adzman Counsel Plaintiff Sivasankar Counsel Defendant

Parties (5)

COARA SOLAR Sdn Bhd Defendant Chong Sheau Feng Defendant Harald Richard Hemming Defendant Loi Yap Loong Plaintiff Susan Enid Dickman Defendant

Statutes Cited

Companies Act 2016 (Cap 777)
Contracts Act 1950 (Cap 136)
s 26
Rules of Court 2012

Cases Cited (4)

MY (4)
[1999] 3 MLJ 145 [2010] 6 CLJ 721 [2018] 2 MLJ 177 [2021] 5 CLJ 149

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-530-08-2024)