VENKATESWARA RAO A/L KRISHNAN v 1. ) SELGATE HEALTHCARE SDN BHD 2. ) NOOR HISHAM BIN MOHD GHOUTH 3. ) NURUL MU'AZ BIN OMAR 4. ) SULAIMAN BIN ABDULLAH 5. ) MOHD SIRAZ BIN RAMELI 6. ) SELCARE CLINIC SDN BHD

wa-24ncc-570-11-2024 High Court (Mahkamah Tinggi) 29 April 2026 • WA-24NCC-570-11/2024 • 18 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Company Law — Minority oppression — Section 346 of the Companies Act 2016 — Originating summons by a 10% minority shareholder alleging that company affairs were conducted in a manner oppressive, prejudicial, and in disregard of his interests by the majority shareholder — Ground of complaints including delayed circulation of financial statements, failure to disclose sanctions against the company's auditor, procedural irregularities in convening meetings, overlapping directorship conflicts, and financial opacity surrounding a high-revenue but low-profit state vaccination programme (SELVAX) — Held: The statutory oppression remedy is fact-sensitive and fundamentally grounded in commercial unfairness, not technical irregularities or mere commercial dissatisfaction — High turnover and low margins do not ipso facto prove profit diversion or concealment, and suspicion cannot substitute cogent legal proof — A plaintiff must demonstrate distinct, individual prejudice in their capacity as a member rather than general corporate grievances or harm suffered equally by all shareholders — Cumulative allegations failed to cross the threshold of minority oppression — Originating Summons dismissed.

Practice Areas

Judges (1)

Muhammad Adam bin Abdullah Delivered

Counsel (8)

Azhar Aziz & Associates Firm Fahda Nur & Yusmadi Firm Amanina Yusrina Ahmad Kamal Counsel Defendant Azizudin Adam Mudin Counsel Plaintiff Fahda Nur Ahmad Kamar Counsel Defendant Izzatul Abdah binti Mohd Azuddin Counsel Plaintiff Siti Sarah Jamil Counsel Defendant Syamsul Azhar Abdul Aziz Counsel Plaintiff

Parties (7)

SELCARE CLINIC Sdn Bhd Respondent SELGATE HEALTHCARE Sdn Bhd Respondent Mohd Siraz bin Rameli Respondent Noor Hisham bin Mohd Ghouth Respondent Nurul Mu'az bin Omar Respondent Sulaiman bin Abdullah Respondent Venkateswara Rao a/l Krishnan Applicant

Statutes Cited

Companies Act 2016 (Cap 777)

Cases Cited (3)

MY (3)

[2010] 6 CLJ 721 [2013] 2 CLJ 277 [2024] 9 CLJ 171

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24ncc-570-11-2024)