in the court of appeal malaysia (appellate jurisdiction)

traded. The petitioner knew of this fact before entering into the JV
Agreement. We are enlightening this fact because the 2 nd and 3 rd
respondents alleged that the petitioner raised the issue of oppression and
disregard of the interests of the minority shareholders in order to wrest
control of the 1 st respondent. The learned judge had brushed aside this
allegation as baseless. We are of the view that the allegations are not
baseless. As can be seen from the Record itself on 17.4.2001, hardly three
years after the JV was incorporated, the petitioner through its solicitors
wrote to the 2 nd respondent the following letter:
“The Managing Director
Ngiu Kee Corporation (M) Bhd
(Company No. 381317-H)
Lot LG03.G04B2 & 1.03
Wisma Saberkas
Jalan Tun Abang Haji Openg
93000 KUCHING
Dear Sir/Madam
Re Joint Venture Agreement Dated 10/07/98
Between Pan-Pacific Construction Holdings Sdn Bhd
And Ngiu Kee Corporation (M) Bhd
Notice of Termination
We act for Pan-Pacific Construction Holdings Sdn Bhd in the
matter at hand.
We refer to the recent resignations of all of the former directors
of your company namely, Mr. Tan Ah Ngew, Mr. Philip Tang
Huat Hung and Mr. John Tang Kiong, and are instructed by our
client to refer you to section 8.2:3 of the Joint Venture
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