RIZANA MOHAMAD DAUD v. NALURI CORPORATION BHD [2013] 1 CLJ 291 [2012] 1 LNS 237

COUNSEL & SOLICITOR:
For the plaintiff – KM Chan; M/s Lim Kian Leong & Co

HIGH COURT

EMPLOYMENT: Contract of Employment – Terms and conditions of service – Employee gave Employer three months’ notice of resignation as provided in Contract – Whether compensation payable to Employee – Whether Employee’s suit against Employer for compensation time-barred – Whether time computed from date of resignation letter or after expiry of three months’ notice – Whether Employer’s conduct gave Employee legitimate expectation compensation would be paid

LIMITATION: Contract – Accrual of cause of action – Notice of termination of Employment – Claim for compensation – Whether time-barred – Limitation Act 1953, s. 6(1)(a)

YIP KWAI HING v. FACB INDUSTRIES INCORPORATED BHD [2013] 4 ILR 499

COUNSEL & SOLICITOR:
For the claimant – Terence KM Chan; M/s Lim Kian Leong & Co

INDUSTRIAL COURT

DISMISSAL: Retrenchment – Redundancy – Claimant retrenched – Claimant refusing an assignment in China – Whether her refusal had been acceptable – Factors to consider – Effect of – Whether dismissal without just cause and excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)

TIPCO ASPHALT PUBLIC COMPANY LTD & ANOR v. ARAS JALINAN SDN BHD & OTHER APPEALS [2013] 8 CLJ 498

COUNSEL & SOLICITOR:
(Civil Appeal No: W-02(IM)-816-04-2012 ) for the appellant – Low Chi Cheng (Sharifah Nadia Al-Jafri with her); M/s Lim Kian Leong & Co

COURT OF APPEAL

CIVIL PROCEDURE: Striking out – Application for – Petition under s. 181 Companies Act 1965 – Whether obviously unsustainable – Reference to arbitration – Similar issues ventilated during arbitration – Allegation of – Whether issue of res judicata arose – Final arbitration award – Whether arbitration clause could oust statutory jurisdiction under s. 181 – Whether intercession of final award altered essential nature of interlocutory applications – Whether hearing of petition prejudiced appellants – Rules of the High Court 1980, O. 18 r. 19(1)

DATUK HAJI ABDUL KARIM ABDUL GHANI & ANOR v. M-CON ENGINEERING (M) SDN BHD & ORS [2013] 1 LNS 295

COUNSEL & SOLICITOR:
For the defendant – Paul Ngooi Shin Han; M/s Lim Kian Leong & Co

HIGH COURT

LEGAL PROFESSION: Solicitors – Stakeholders – Duties of a stakeholder – Whether all three conditions fulfilled when 3rd defendant released the documents to 1st defendant – Whether 3rd defendant breached their undertaking and stakeholder duties under the Agreement in respect of the release of documents to 1st defendant – Whether 3rd defendant remained in a neutral position when he acted as a stakeholder – 3rd defendant aware of contractual dispute between plaintiffs and 1st defendant – Whether 3rd defendant should have taken an interpleader proceeding instead of forming a view on the dispute in favour of 1st defendant

PERUNDING HASHIM & NEH SDN BHD v. AXA MANAGEMENT SERVICES BHD [2012] 1 LNS 1110

COUNSEL & SOLICITOR:
For the defendant – Law Chi Cheng (Sharifah Nadia Al-Jafri with her); M/s Lim Kian Leong & Co

HIGH COURT

Issue -Plaintiffs a firm of civil and structural consulting engineers’ entitlement to make claim for negligence under Professional Indemnity Policy issued by the Defendant- failure on Plaintiff’s part, to carry out a review of the design drawings prior to issuance of the construction drawings in 2007 onwards-