CHOY YUK KONG & ORS v. LANDYORK FARMING SDN BHD & ORS

[2019] 5 MLRH 565
High Court Malaya, Johor Bahru
Evrol Mariette Peters JC
[Originating Summons No: JA-24NCC-12-07-2018]
Evrol Mariette Peters JC

JUDGMENT

Evrol Mariette Peters JC:

This Application

[1] This application concerns an allegation of minority oppression as documented in the originating summons filed by the plaintiffs under s 346 of the Companies Act 2016 ("the Companies Act").

[2] Counsel for the defendants raised a preliminary objection that the filing of this application was incorrect as he claimed that the intitulement, as well as some of the reliefs, reflected a derivative action which should have been initiated under s 347 of the Companies Act.

[3] Based on the documents before me, I dismissed the preliminary objection and took the view that since the application was made under s 346 of the Companies Act, it will be treated as such; and any claim of it being a derivative action would be judged on the actual contents of this application, rather than on its intitulement and reliefs.

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