Zen Courts Sdn Bhd v Bukit Jalil Development Sdn Bhd and 2 Others, and Another Appeal
Civil Appeal No. 02(f)-38-05/2015(W); 02(f)-39-05/ 2015(W); Federal Court
Date of Judgment: 15 November 2016 | Source: Federal Court Registry
The appellant, a minority shareholder of the 2nd respondent, had filed a petition under section 181 of the Companies Act 1965 against the respondents. After a full hearing, Abdul Aziz J (as he then was) concluded that the 2nd respondent had acted in a manner oppressive in the affairs of the 1st respondent company. Vide order dated 27.3.2012 (the buy-out order) per exhibit YKT-1, the 2nd respondent as the majority shareholder, was ordered to buy-out the appellant‟s 30% shareholding in the 1st respondent company. The buy-out order reads as follows:

IN THE FEDERAL COURT OF MALAYSIA

(APPELLATE JURISDICTION)

CIVIL APPEAL NO:02(f)-38-05/2015(W) & 02(f)-39-05/ 2015(W)

BETWEEN

ZEN COURTS SDN BHD ... APPELLANT

AND

1. BUKIT JALIL DEVELOPMENT SDN BHD

2. HO HUP CONSTRUCTION COMPANY BERHAD

3. HO HUP EQUIPMENT RENTAL SDN BHD ... RESPONDENTS

[In the Court of Appeal Malaysia

Civil Appeal No. W-02(IM)(NCC)-1803 & 1804-08/2013

Between

Zen Courts Sdn Bhd ... Appellant

And

1. Bukit Jalil Development Sdn Bhd

2. Ho Hup Construction Company Berhad

3. Ho Hup Equipment Rental Sdn Bhd ... Respondents]

CORAM: SURIYADI HALIM OMAR, FCJ; ABU SAMAH NORDIN, FCJ; AZAHAR MOHAMED, FCJ; BALIA YUSOF WAHI, FCJ; AZIAH ALI, FCJ

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For the Appellant: Datuk Seri Gopal Sri Ram, Mr. JR Tey, Mr. David Yii, Messrs. Chooi, Saw & Lim

For the 1st Respondent: Mr. John Skelchy, Messrs. James Monteiro

For the 2nd Respondent: Dato‟ Dr Cyrus Das, Dato‟ Malik Imtiaz Sarwar, Mr. Yoong Nim Chor, Messrs. Yoong & Partners

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