COMPANY LAW: Oppression

3 cases · February 2025 to January 2026

Case Volume by Year

2
25
1
26
2025–2026

Key Issues & Sub-Topics

Minority oppression — Section 346 of the Companies Act 2016 — Removal of Plaintiff as director — Constitution of the Company — Whether there is a right in equity for Plaintiff to remain as director — Quasi-partnership — No provision in the constitution for permanent representation on the Board — Claims of mismanagement by the Defendants leading to financial deterioration — Whether an oppression action is proper recourse — Oppression action dismissed 1 Acts and conducts amounting to oppression — Oppression claim under s.346 of the Companies Act 2016 — The Plaintiff, as 30% minority shareholder, claims oppressive conduct that excluded him from management — Whether the nature of relationship between the Plaintiff and 2nd Defendant is a quasi-partnership — Whether the Plaintiff had legitimate expectation to participate in management — Whether 2nd Defendant’s actions leading to the Company’s failure to purchase property amounted to oppression — unclean hands — No finding of oppression under s.346 of the Companies Act 2016 1 Remedy in cases of oppression under Section 346 of Companies Act 2016 — Affairs of company conducted in manner oppressive to members — Unfair discrimination against shareholders — Whether passing of resolutions without proper authority constitutes oppressive conduct — Whether exercise of casting vote in written resolutions valid under company's constitution — Whether breakdown in relationship between equal shareholders justifies relief — Whether buyout order appropriate remedy where oppression established — Application of 'visible departure from standards of fair dealing' test — Whether corporate wrongs distinguishable from oppression — Whether deadlock between equal shareholders grounds for judicial intervention 1

Minority oppression — Section 346 of the Companies Act 2016 — Removal of Plaintiff as director — Constitution of the Company — Whether there is a right in equity for Plaintiff to remain as director — Quasi-partnership — No provision in the constitution for permanent representation on the Board — Claims of mismanagement by the Defendants leading to financial deterioration — Whether an oppression action is proper recourse — Oppression action dismissed 1 case

Acts and conducts amounting to oppression — Oppression claim under s.346 of the Companies Act 2016 — The Plaintiff, as 30% minority shareholder, claims oppressive conduct that excluded him from management — Whether the nature of relationship between the Plaintiff and 2nd Defendant is a quasi-partnership — Whether the Plaintiff had legitimate expectation to participate in management — Whether 2nd Defendant’s actions leading to the Company’s failure to purchase property amounted to oppression — unclean hands — No finding of oppression under s.346 of the Companies Act 2016 1 case

Remedy in cases of oppression under Section 346 of Companies Act 2016 — Affairs of company conducted in manner oppressive to members — Unfair discrimination against shareholders — Whether passing of resolutions without proper authority constitutes oppressive conduct — Whether exercise of casting vote in written resolutions valid under company's constitution — Whether breakdown in relationship between equal shareholders justifies relief — Whether buyout order appropriate remedy where oppression established — Application of 'visible departure from standards of fair dealing' test — Whether corporate wrongs distinguishable from oppression — Whether deadlock between equal shareholders grounds for judicial intervention 1 case

Key Statutes

cited in 1 case

Court Distribution

Key People & Firms

Cases