GAN HENG WAN v 1. ) YONG KENG FONG 2. ) YONG BOON CHUAN 3. ) FONNIE PROPERTY SDN. BHD.

ba-24ncc-103-09-2025 High Court (Mahkamah Tinggi) 12 March 2026 • BA-24NCC-103-09/2025 • 15 min read

Catchwords

The Plaintiff commenced an Originating Summons under section 346 of the Companies Act 2016, alleging that the 1st and 2nd Defendants had conducted the affairs of the 3rd Defendant oppressively, unfairly prejudicially, or in disregard of his interests as a shareholder. The Plaintiff sought declarations of oppression, an order requiring the Defendants to purchase his shares at fair value, or alternatively, the winding up of the company, together with ancillary injunctions, damages and costs. The Court heard the application alongside the Plaintiff’s application to convert the proceedings into a writ action, which was also dismissed. After considering the affidavit evidence, documentary exhibits, submissions and authorities, the Court found that the Plaintiff failed to establish the requirements for relief under section 346. The evidence demonstrated only commercial disagreements and a breakdown in the parties’ business relationship, rather than oppression. Accordingly, the Originating Summons was dismissed, all reliefs were refused, and costs of RM5,000 were awarded to the Defendants.

Judges (1)

Anita binti Harun Delivered

Counsel (6)

Chia Wen & Co. Firm Low & Partners Firm Alliya Ysabel Anak Asri Counsel Plaintiff Gok Chia Wen Counsel Defendant Hannah Yeoh Yi Han Counsel Plaintiff Quah Wen Jun Counsel Plaintiff

Parties (4)

FONNIE PROPERTY Sdn Bhd Respondent Gan Heng Wan Applicant Yong Boon Chuan Respondent Yong Keng Fong Respondent

Statutes Cited

Companies Act 2016 (Cap 777)

s 346

Rules of Court 2012

Judgment

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Source: eJudgment (ba-24ncc-103-09-2025)