Ranjit Singh Sidhu v Open Fibre Sdn Bhd & Ors [2017] MLJU 2253

COUNSEL & SOLICITOR:
Lim Kian Leong (Lui Kar Yee and Marcus Tan with him) (Lim Kian Leong & Co) for the fourth and fifth respondents

HIGH COURT

Winding up – S.223 of the Companies Act 1965 – Law on s.223 of CA1965 – Whether the Listing Exercise is made in good faith and honestly – Whether the Listing Exercise is beneficial to the general body of the creditors

PWY Mining Bhd v Zufaidi & Associates [2017] 1 MLJU 1231

COUNSEL & SOLICITOR:
Goh Gin Jhen (Tobias Lim with him) (Lim Kian Leong & Co) for the defendant.

HIGH COURT

Appeal – Law on Interference of Appellate Court – Law on Professional Negligence – Issue of retainer or the duty to honour undertakings – Duty of care for an undertaking – Turquand rule – Principle of adverse inference under section 114(g) of the Evidence Act 1950 – Burden and onus of proof

Beyond Hallmark Sdn Bhd v Leong Tuck Onn & Anor [2017] MLJU 1311

COUNSEL & SOLICITOR:
Lim Kian Leong & Co for the 1st defendant.

HIGH COURT

Interim Mareva Injunction pending the disposal of the Plaintiff’s suit against the Defendants: Requirements or test to be applied in considering an application for Mareva Injunction – Requirement of a good arguable case – Test of good arguable case – Liability of a Partner – Partnership Act 1961

Celcom (Malaysia) Bhd & Anor v Tan Sri Dato’ Tajudin Ramli & Ors And Another Case [2017] MLJU 1219

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Keng Teck & Chai Jai Hui with him) (Lim Kian Leong & Co) for the 1st & 2nd defendants.

HIGH COURT

CIVIL PROCEDURE: Amendment – Re-amendment – Leave to amend amended defence and counterclaim – Whether application was made bona fide – Whether exercise of judicial discretion is dependent on particular evidence adduced in court – Whether consequence of amendment application would delay trial

CIVIL PROCEDURE: Parties – Joinder – Application to join a party by defendant – Whether non-joinder of parties would cause prejudice to defendant – Whether counterclaim could be defeated by non-joinder of party

Lim Siew Kim v Kien Huat Realty Sdn Bhd & Anor [2017] MLJU 2232

COUNSEL & SOLICITOR:
Lim Kian Leong (Fiona Bodipalar with him) (M/s Bodipalar Ponnudurai De Silva) for the Plaintiff.

Appeal – Whether Plaintiff’s action is barred by limitation – S.6 & 22 of the Limitation Act 1953 – Striking Out under O.18 r.19(1)(a)(b)(d) of the Rules of Court 2012 – Inherent Jurisdiction of the Court – Whether there are pleadings alleged to justify the Plaintiff’s claim against the 2nd Defendant as constructive trustee or for lifting the corporate veil – Whether there are facts alleged to justify the Plaintiff’s claim against the 2nd Defendant as constructive trustee or for lifting the corporate veil

Ranjeet Singh Sidhu & Anor v Zavarci Plc & Ors [2017] MLJU 2101

COUNSEL & SOLICITOR:
Lim Kian Leong (Lui Kar Yee with him) (Lim Kian Leong & Co) for the 1st, 2nd, 8th, 9th, 10th, 11th, 12th and 16th Defendants.

HIGH COURT

Appeal – Striking out Writ and Statement of claims – Order 18 rule 19 Rules of Court – Law on striking out pleadings – Whether permission of English High Court is required before a common law derivative action can be initiated in Malaysia against a company incorporate in England – Locus Standi – Whether Plaintiffs has the requisite locus standi to commence and maintain this common law derivative action

Celcom (M) Bhd & Anor v Tan Sri Dato’ Tajudin bin Ramli & Ors and another suit [2018] 10 MLJ 397

COUNSEL & SOLICITOR:
Lim Kian Leong (Chai Jai Hui and Janet Tang Yii chi with him) (Lim Kian Leong & Co) for the respondent.

HIGH COURT

Civil Procedure — Contempt of court — Committal proceedings — Applicants applied for leave of court to file committal proceedings against plaintiffs for filing of false affidavits — Whether court should exercise its discretion to grant leave under O 52 r 3(1) of the Rules of Court 2012 — Whether affidavits disclosed prima facie contempt of court — Whether affidavits false and tend to or had interfered with due administration of justice — Whether applicants had effective available recourse — Whether there would be expeditious and economical disposal of action if leave granted — Rules of Court 2012 O 52 r 3(1)

Engareh (M) Sdn Bhd v Stone World Sdn Bhd [2018] MLJU 163

COUNSEL & SOLICITOR:
Chan Kah Meng (Chai Jia Hui with him) (Lim Kian Leong & Co) for the Plaintiff.

HIGH COURT

DAMAGES: Appeal – Assessment of damages – Marble and granite stones – Whether plaintiff suffered continuous deprivation of use of stones – Whether assessment of value of stone must be based on current market value or value at date of judgment – Nominal damages – Whether nominal damages awarded by registrar was reasonable – Quantum meruit – Claim for rental fees for keeping stones – Trial judge ordered stones to be returned – Whether defendant entitled to claim for rental fees