Firdaus Low Tong Hoi v Sabah Softwoods Hybrid Fertiliser Sdn Bhd [2016] 2 LNS 0967

COUNSEL & SOLICITOR:
Terence KM Chan (Lim Kian Leong & Co) for the defendant

INDUSTRIAL COURT MALAYSIA

Case concerns the power of the Industrial Court under Section 29 of the Industrial Relations Act 1967- To order a third party to be joined as a party to the original dispute between the company and the claimant- Where there exist a sufficient factual nexus between the third party and the dispute in question.

Expo Electronics Sdn Bhd v Dato’ Sri Yap Seng Yew & Ors [2015] 1 LNS 334

COUNSEL & SOLICITOR:
Lim Kian Leong (Lui Kar Yee with him)( Lim Kian Leong & Co) for the defendant.

HIGH COURT MALAYA, SHAH ALAM

Contract- Privity- Shares- Locus Standi- Share Sale Agreement- Reliance on previous cheque issued in respect of sale of shares of other related company- Whether plaintiff was able to establish privity in respect of sale of shares with an agreed price of sale- Whether plaintiff was able to establish payments were due and meant for plaintiff- Recovery of balance purchase price of shares- Dispute as to actual price of total shares- Oral agreement- Whether there was disclosure by plaintiff for sale of shares at price alleged by plaintiff- Whether plaintiff was able to produce a credible witness to corroborate existence of oral agreement in relation to sale of shares at certain price- Evidence- Witness- Credibility- Claims made by liquidator on behalf of wound up company- Personal Knowledge- Adverse inference- -Failure to call material witness- Failure of liquidator to call director who had personal knowledge of affairs of company.

Meridian Asset Management Sdn Bhd v Amtrustee Berhad & Other Appeal [2015] 4 CLJ 674

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei & Kenneth VK Liew with him) (Lim Kian Leong & Co) for the defendant.

COURT OF APPEAL ( PUTRAJAYA)

Equity- Fiduciary duty- Breach- Whether fiduciary relationship existed- Appointment of custodian bank by fund manager to safeguard client’s money- Whether custodian was a trustee company- Whether owed a higher duty to ensure assets of fund manager adequately protected- Whether relationship of ‘trusted confidence’ existent between client and AmTrustee- Tort- Vicarious liability- Apportionment of liability- Appointment of custodian bank by fund manager to safeguard client’s money- Whether funds placed with fund manager as ‘custodian’ of client- Whether duty of care owed to client – Breach of duty by custodian bank- Liability of custodian bank towards client- Whether breached duty of care.

Southern Empire Development Sdn Bhd v Tetuan Shahinuddin & Ranjit & Ors [2014] 1 LNS 195

COUNSEL & SOLICITOR:
Lim Kian Leong (Zaiurul Farah & Carole Ngu with him) (Lim Kian Leong & Co) for the defendants

HIGH COURT MALAYA, KUALA LUMPUR

Civil Procedure- Want of Prosecution- Striking out action- Application for whether there had been substantial and inexcusable delay in bringing action for trial- Whether fact that the action had now been set down for trial prevented third defendant from making this application- Whether plaintiff’s claim should be struck out against third defendant for want of prosecution- Whether plaintiff allowed his claim to languish inordinately without any justification- Whether the delay in applying to strike out the action under O.18 r.19, was fatal- Whether an application to strike out a claim on ground of abuse could be maintained where there was a valid cause of action- Whether his application to strike out claim under several limbs of O.18 r.19(1) should be allowed.

HJ HAFIFI HJ HASSAN v. NORMAN DISNEY & YOUNG SDN BHD & ORS; NORMAN DISNEY & YOUNG (INTERVENER) [2013] 9 CLJ 229

COUNSEL & SOLICITOR:
For the petitioner – KM Chan (Tan Wei Wei with him); M/s Lim Kian Leong & Co

HIGH COURT

COMPANY LAW: Liquidators – Powers of liquidator – Payment of solicitor’s bills from assets of company – Whether bills must be verified by committee of inspection – Liquidator’s discretion – Whether governed by r. 165 Companies (Winding-Up) Rules 1972 – Whether solicitor’s bills to be taxed when appointment of solicitors was to assist liquidators – Companies Act 1965, ss. 236(1)(e) & 236(2)(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)

IZZAP LTD v. YEOH JIN BENG & ORS [2007] 3 CLJ 71

COUNSEL & SOLICITOR:
For the plaintiff – Lim Kian Leong (SS Tan with him); M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Trial – Witness – Examination of witness – Application under O. 39 rr. 1 and 2 Rules of the High Court 1980 – Depositions to be taken – Person examined out of jurisdiction – Whether witness abroad unwilling to give evidence at trial – Whether application ought to be granted

EVIDENCE: Witness – Examination of witness – Application under O. 39 rr. 1 and 2 Rules of the High Court 1980 – Depositions to be taken – Person examined out of jurisdiction – Whether witness abroad unwilling to give evidence at trial – Whether application ought to be granted

FLORAL TRENDS LTD v. LI ONN FLORAL ENTERPRISE (M) SDN BHD [2006] 6 CLJ 525

COUNSEL & SOLICITOR:
For the plaintiff – Tan Keng Teck (Rohana Ngah with him); M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Summary judgment – Appeal against – Triable issues – Whether raised

CIVIL PROCEDURE: Affidavits – Contents – Exhibit A annexed to affidavit in support – Document contained Chinese handwritings – Whether clear without national language translation – Rules of the High Court 1980, O. 92 r. 1

CONTRACT: Guarantee – Letter of guarantee – Second defendant signed a letter of guarantee – Whether there was consideration for plaintiff granting loan to first defendant – Failure of first defendant to repay loan – Whether second defendant shall be made liable – Whether there was a contract in existence between parties

CIVIL PROCEDURE: Summary judgment – Appeal against – Plaintiff granting friendly loan to defendants – Failure to repay loan – Allegations of friendly loan illegal moneylending transaction – Whether substantiated – Whether plaintiff operating a moneylending business – Whether plaintiff a moneylender – Whether plaintiff rebutted presumption as set out in s. 3 Moneylenders Act 1951

CIVIL PROCEDURE: Summary judgment – Appeal against – Second defendant’s denial of signing letter of guarantee – Allegations of forgery – Failure to lodge a police report – Whether construed as bare allegations