Benng Thong Thai Sawmills Case Study

Improved Essays
1.0 SECTION 181 APPLICANTS WHO ARE ELIGIBLE TO CLAIM REMEDIES

The world today shows a lot of people make investments to increase their wealth by purchasing debentures of the company and its shareholders. However, most of the shareholders and debenture have little access or do not have access to the company's management did not like shareholders or debenture holders who have the composition of the Board of Directors or the directors themselves. Therefore, there is ignorance of the shareholders or debenture holders are not included in the power center in the behavior of the majority component of the company or the management of their powers in a manner oppressive. In an effort to protect minorities, Section 181 of the Companies Act entitles the minority for the oppression remedy claims.

1.1.1 Who is eligible
According to Companies Act
…show more content…
Bhd, a wholly Kong Thai Sawmills owned by six siblings. One of them, namely Beng Ling Sung holds a 2.5 percent stake in the company. While Beng Beng Siew Siong and hold shares amounting to 63.5 percent. Beng Siew is the chairman of the board of directors and Beng Siong is a director of the company. Sung Beng Ling is a former director of the company. In this case, Ling Beng Sung had made allegations against the two brothers and Beng Beng Siew Siong and companies on the grounds of oppressiveness against her. Among the allegations of bullying are:
i) Loans to Aaron Ariffin, State Secretary is not approved by minority ii) purchase and renovation of the ship by the company does not benefit the minority iii) Donations issued for a particular political party not approved by minority iv) withdrawal by the company and Beng Beng Siew Siong is a misuse of company funds and
v) Advances and investments in joint ventures.

Held:
The Court decided that the only issue (iv) are shown oppressiveness, which is when the money spent to kepetingan own company and not the interests of the

Related Documents

  • Improved Essays

    (a) Material facts of the case Hacon & Sons Pty Ltd is a family grazing business and a trustee for the Hacon Family Trust. After Mr Walter Hacon and his wife passed away, the remaining shareholders of the Hacon & Sons Pty Ltd are their three sons. The properties that trustee’s grazing business were conducted on are owned by corporate subsidiaries of the trustee, and three sons. The allocation of the operation profit of the company is not conducted by dividend but invest to the distributed fund by the trustee in “off-farm assets”.…

    • 954 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Name Camelia Barrows Case Wickard v. Filburn Case Citation: Wickard v. Filburn, 317 U.S. 111, 63 S. Ct. 82, 87 L. Ed. 122 (1942) Facts: In 1938 the Agricultural Adjustment Act, or AAA, was passed to limit the amount of wheat grown and sold, as to prevent surpluses or shortages, and set fines for the overproduction of wheat. Filburn sold a portion of the wheat he grew and kept the rest for himself. But according to the AAA , the amount Filburn sold plus what Filburn kept exceeded the limit of how much wheat was allowed to be grown.…

    • 554 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    4. Should Shahmaleki’s claim for denial of a liberty interest be dismissed for failure to state a plausible claim for relief under applicable law since nothing said was stigmatizing as a matter of law or disseminated by KSU…

    • 966 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The culling of white pine on Blackstone Lake began in the late 1880s with the arrival of the Conger Lumber Company. Once the commercially viable pine had been fully exploited the process of stripping hemlock trees of their bark for the leather tanning process began on the lake in the spring of 1900. At the time the Rankin Bros., headed by James Rankin on Blackstone, were supplying the Conger Lumber Co. Another sawmill operator in the region was the Mitchell Lumber Co. set up by Thomas Mitchell in 1898 (later this would become in the 1920s the Mitchell-McDonald Lumber Co.). The mill was located west of the CPR railway, on the now Blackstone-Crane Road, producing railway ties and shims from wood obtained south of their mill, from Second and Third Lakes all the way down to Blackstone and…

    • 1088 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Village Key Case

    • 516 Words
    • 3 Pages

    This case is between Joseph Gupton and Village Key & Saw Shop, Inc. In this case it delineates that Gupton had owned a locksmith-alarm business. However, in 1989, the business started to go downward due to financial problems, so Village Key decided to buy the business from Gupton. They took over the bills and accounts and signed a promissory note.…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Marshall is the purchasing agent for the DigitoolArt Corporation. His duties require him to negotiate and execute contracts to purchase office supplies and equipment for the corporation. Assume that Bronson, a computer salesperson, pays Marshall a $20,000 kickback to purchase from him computers needed by the DigitoolArt Corporation. What breach of the duty of loyalty has Marshall committed here? A) competing with the corporation B) making a secret profit C) self-dealing D) usurping a corporate opportunity 4.…

    • 992 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    In this case, plaintiff Sara Bellum failed to prove that Ms. Wisdom’s alleged legitimate reason was a pretext for discrimination. There is no proof that Barbara Wisdom stole/hid the money from Sara Bellum’s cash drawer, and there is no preponderance that Barbara Wisdom’s decision to terminate Ms. Bellum was a pretext for discrimination. In conclusion, based on the facts the defendant Barbara Wisdom displayed no age discrimination in her decision to terminate Sara Bellum, therefore, I rule that the defendant party does not owe the plaintiff any compensations for damages that resulted from the…

    • 992 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Roosevelt’s prime objective was not destructive of trusts, but a concern that the public not suffer unduly because of trusts.” The coal strike of 1902 would usher in a new kind of progressive politics. TR would make his wish for government intervention a reality with the advent of his trust busting campaign. Roosevelt would use the power of the executive branch as a means form dismantling monopolies in the private sector.…

    • 755 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Collateral Estoppel Case

    • 829 Words
    • 4 Pages

    Rule 14-207(b), that GSMC and Ocwen lack standing to pursue foreclosure, and that the denial of her motions constitute a denial of procedural due process. These arguments rest on the premise that neither GSMC nor Ocwen has an enforceable interest in Sucklal’s note. It has been conclusively determined, however, that GSMC and Ocwen do have enforceable interests in the note. The judgment rendered in Sucklal’s declaratory judgment action satisfies the elements so as to invoke collateral estoppel with respect to the issue of Sucklal’s liability to GSMC and Ocwen on the instrument. Accordingly, Sucklal is estopped from arguing that GSMC and Ocwen have no interest in her note.…

    • 829 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Application of the law to the facts We the legal team for Greene 's Jewelry will assess all the strengths and weaknesses of the proposed argument in court. The lawsuit provides us with the opportunity to introduce different directions for the arguments needed to be made in the courts; from the case laws, regulations, and substantive law. By Utilizing these resources, in the lawsuit against Ms Lawson it is believed that a favorable decision will be made on behalf of Greene 's Jewelry in both cases. Taking a sufficient amount of time to analyze the details of the case we have come to the conclusion that the focal point and the strength of our argument in the lawsuit against Ms Lawson is that she intentionally violated her contract.…

    • 1474 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Reflection Paper #2 During this week’s discussions the focus was on Chapter 3 “Philosophical Ethics and Business”. What I found Interesting was the ethics behind Jestgo Corporation bankruptcy case. In class we spent time on the different ethical theories that can be applied to this case, however, I wanted to look at the case profoundly and relate it to the ethical theories we were taught.…

    • 758 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Unfair treatment of minority shareholders in family companies and other closely related held corporations by persons in control of those corporations is so widespread that it had become a national business scandal. The amount of litigation growing out of oppression of minority shareholder (fancied, actual or fabricated) has shown growth tremendously in recent few years, and the flood of litigation shows no sign of putting an end to this nuisance. Minority shareholders often are deprived of any income from the company either it may be in the form of salary or dividends or bonus; they are not allowed any sort of effective voice in business decision making; and they are completely denied any information about corporate affairs. Frequently, they…

    • 279 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    ABSTRACT This paper proposes who should the project stakeholders, project sponsor, and the project manager be in the launching of newly designed room-sized plastic storage unit of Winsome Manufacturing Company. This paper also took the opportunity to explain what the communication process will be and how the project charter will manage the whole project. This paper considers to help the head of the marketing department of Winsome Manufacturing Company to present the finding made. INTRODUCTION…

    • 1068 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Summary: Northwest Canadian Forest Products Limited owns and operates five sawmills in BC and Alberta. They produce high quality lumber for use in the manufacture of window frames, doors and moldings internationally and lower quality commodity type lumber for use in the Canadian construction industry. The president of the company is trying to decide whether or not to invest money into Jackson Sawmill for new plant and equipment, since it hasn’t been upgraded for twenty years. The alternative would be to reinvest and downsize by reducing production capacity and permanently laying off half of the 200 workforce and build a new mill in Alberta. To build the new plant would be more expensive but the president is also considering the fact that Jackson…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Softwood Lumber Case Study

    • 1472 Words
    • 6 Pages

    2.13 Comments on the two approaches based on US-Softwood Lumber Ⅳ First comment: Is it appropriate for the US to find an undistorted foreign market as the market benchmark? As stated above, the AB rejected the Panel’s opinion and held that a market benchmark should not be distorted by the government. The US suggested that the American domestic price could be an alternative. With respect to the AB and American opinions, some questions are worth to be discussed.…

    • 1472 Words
    • 6 Pages
    Great Essays