JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

[1] This is an appeal by Low Cheng Teik and three others ('the Appellants') against the decision of the Court of Appeal finding:

(i) Oppression against Low Ean Nee ('the Respondent'), a member with an equal shareholding in SNE Marketing Sdn Bhd ('the Company'); and

(ii) Granting the remedy of a buy-out of the Respondent's shares pursuant to s 346 of the Companies Act 2016 ('the Act'). Out of eight grievances, one act was found to establish oppression, stemming from a single Director's breach of fiduciary duties, relating to a diversion of assets of the Company. This breach of duty by the Director was remedied before and during the course of this action.

[2] In the High Court, the Respondent, who was the Plaintiff, brought eight separate grounds in support of her oppression action. The High Court rejected all eight complaints of oppression, dismissing the action. On appeal, the Court of Appeal upheld the rejection of seven out of eight of the grounds but reversed the High Court's decision on one complaint of oppression.