In the recent case of Ho Yew Kong v Sakae Holdings Ltd
[2018] SGCA 33 ("Sakae Holdings"), the Singapore
Court of Appeal had the opportunity to clarify the distinction
between personal wrongs committed against shareholders of a company
and corporate wrongs against the company. This distinction directly
relates to the question of whether the appropriate relief in each
respective scenario would be by way of an oppression action or a
statutory derivative action.
The Singapore Court of Appeal set out a framework to determine
whether an aggrieved shareholder could maintain an oppression
action or ought to have pursued a statutory derivative action
instead.
A FINE LINE BETWEEN THE TWO WRONGS
