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

SHAHIDAN SHAFIE v. ATLAN HOLDINGS BHD & ANOR [2013] 4 CLJ 1029 [2012] 1 LNS 558

COUNSEL & SOLICITOR:
For the plaintiff – Lim Kian Leong, (Cheah Kit Yee, Lui Kar Yee with him); M/s Lim Kian Leong & Co

HIGH COURT

SECURITIES: General mandatory offer – Control of more than 33% of shares in company – Defendants acquiring more than 33% shares in company but failing to carry out mandatory general offer – Whether minority shareholder of company could compel defendants to make mandatory take-over offer to all shareholders – Failure to lodge complaint with Securities Commission – Whether shareholders possess cause of action – Whether only Securities Commission entitled to secure compliance of provisions of Take-over Code and Securities Commission Act 1993 – Securities Commission Act 1993, ss. 33(2), 33A(4), (5); 33D(1)(a) to (g), (2), (3)