[2021] SGHC 90

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Nomination of Boey as alternate director, seeking documents andlegal proceedings .....................................................................................59EXCLUSION FROM MANAGEMENT..................................................................59UNCLEAN HANDS .......................................................................................60WHETHER CLAIM UNDER S 216 OF THE CA IS MADE OUT ..........61EFFECT OF WINDING UP ON A S 216 CA APPLICATION ................62ORDERS .........................................................................................................68CONCLUSION...............................................................................................71iii
This judgment is subject to final editorial corrections approved by thecourt and/or redaction pursuant to the publisher’s duty in compliancewith the law, for publication in LawNet and/or the Singapore LawReports.Wei FengpinvLow Tuck Loong Raymond and others[2021] SGHC 90General Division of the High Court — Suit No 238 of 2017Audrey Lim J17–18, 21–23, 28–30 September, 1, 2, 13–16, 20–21 October, 9 November2020; 7 January 202115 April 2021 Judgment reserved.Audrey Lim J:Introduction1 The plaintiff (“Wei”), first defendant (“Low”) and second defendant(“Sim”) are equal shareholders of the third defendant Lateral Solutions Pte Ltd(“Company”). At the material time, they were the only directors of theCompany. At an extraordinary general meeting (“EGM”) in September 2017,Low and Sim (collectively “the Defendants”, where appropriate) passed aresolution to remove Wei as a director. On 15 March 2017, Wei commencedthis action (“the Suit”) against them under s 216 of the Companies Act (Cap 50,2006 Rev Ed) (“CA”), claiming that they had acted in a manner that was unfair,oppressive or prejudicial to him. The Company is a nominal defendant. On 5May 2020, the Defendants applied to wind up the Company on the basis that it
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[2021] SGHC 90

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