YAK THYE PENG v 1. ) YAK TIONG LIEW 2. ) CHEW KEW HONG 3. ) SWEE WAN SDN BHD

ja-22ncc-53-07-2021 High Court (Mahkamah Tinggi) 24 June 2025 • JA-22NCC-53-07/2021

Catchwords

Company law - oppression and derivative actions - the distinction between the duo can be identified on whether an action is for the benefit of company or for a particular shareholder - in any action in which a wrong is alleged to have been done to a company, the proper plaintiff is the company itself - the oppression action is an action by a member of the company in his personal capacity in respect of a personal wrong done to him - where a company suffers loss as a result of an actionable wrong done to it, the cause of action is vested in the company and the company alone can sue

Practice Areas

Judges (1)

Shamsulbahri bin Haji Ibrahim Delivered

Parties (4)

SWEE WAN Sdn Bhd Defendant Chew Kew Hong Defendant Yak Thye Peng Plaintiff Yak Tiong Liew Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-22ncc-53-07-2021)