Tenaga Gagah Sdn Bhd v Saik Siw Lai & Ors and another appeal [2016] 4 MLJ 194

COUNSEL & SOLICITOR:
Tan Keng Teck (Keneth VK Liew with him) (Lim Kian Leong & Co) for the plaintiff.

COURT OF APPEAL (PUTRAJAYA)

Companies and Corporations — Winding up — Petition — Two separate winding up petitions filed against appellant — Court for first petition adjourned hearing after date fixed for second petition — Court for second petition granted winding up order against appellant and appointed liquidators — Court for first petition ordered second winding up order and appointed another liquidator to take precedence over liquidators appointed under second petition — Whether second winding up order may be granted where company had been validly wound up.

Ex parte Wong Sau Kee [2016] 9 MLJ 65

COUNSEL & SOLICITOR:
Tan Keng Teck (Lim Kian Leong & Co) for the judgment creditor.

HIGH COURT (KUALA LUMPUR)

Evidence — Fresh or further evidence — Admission of, on appeal — Application for leave to adduce fresh evidence — Whether JC exercised reasonable diligence in trying to get documents he wanted to introduce as fresh evidence — Whether there were cogent reasons for application to be allowed

Jardine Lloyd Thompson Sdn Bhd v Berjaya Sompo Insurance Bhd [2016] 2 MLJ 767

COUNSEL & SOLICITOR:
Lim Kian Leong (Paul Ngooi and Kenneth VK Liew with him) (Lim Kian Leong & Co) for the plaintiff.

COURT OF APPEAL (PUTRAJAYA)

Insurance — Construction of policy — Exemption clause — Insurance policy provided for insurer to indemnify insured against claims by clients for loss arising from fraudulent conduct of insured s employees — Claims for loss of money and five other specified items not covered by indemnity — Insurer refused to indemnify when insured to make good loss suffered by client arising from its employee s fraud — Whether High Court wrong to hold insurer right on ground insured s claim was claim for loss of moneys — Whether High Court’s interpretation denied insured of very peril it had insured against.

Devan & Assoc. v TSR Bina Sdn Bhd [2015] 3 MLJ 454

COUNSEL & SOLICITOR:
Lim Kian Leong (Bastian Vendargon, Gene Vendargon and Paul Ngooi with him) (Lim Kian Leong & Co) for the plaintiff.

COURT OF APPEAL (Putrajaya)

Tort —Professional Negligence — Legal profession — Defendant alleged former solicitors negligent in handling case- Defendant aggrieved by Order of High court- Former solicitors filed notice of appeal against Order- Defendant appointed new solicitors- New solicitors filed application to set aside Order and withdrew notice of appeal filed by former solicitors- Court dismissed application to set aside Order on basis of wrong mode used- Whether solicitors negligent in handling suit — Whether principle of novus actus interveniens ought to be applied- Whether former solicitors negligent and liable for damages.

CIMB Islamic Bank Bhd v LCL Corp Bhd & Anor [2015] 8 MLJ 832

COUNSEL & SOLICITOR:
Tan Keng Teck (Lui Kar Yee and Mohamad bin Burok with him)(Lim Kian Leong & Co) for the second defendant.

HIGH COURT (KUALA LUMPUR)

Banking — Banks and banking business — Islamic banking — Bank granted facility to borrower under principle of Al-Bai Bithaman Ajil — Hibah — Default in payment by borrower — Action taken by borrower’s managing director and principal shareholder — Whether there was locus standi to initiate action — Allegations instruments not in conformity with the Shariah principle of financing — Whether proved — Whether Al-Bai Bithaman Ajil transactions infringed ss 67 and 67A of the Companies Act 1965 — Whether transactions entered into between tainted with duress, coercion, threats and misrepresentation.

Pang Yeow Chow v Advance Special Treatment Engineering Sdn Bhd [2014] MLJ 952

COUNSEL & SOLICITOR:
Lim Kian Leong (Carole Ngu with him) (Lim Kian Leong & Co) for the plaintiff.

COURT OF APPEAL (Putrajaya)

Civil Procedure- Limitation – Action against advocate for negligence- Pleadings- Parties bound by- Whether omission fatal- Legal Profession- Advocate and solicitor- Counsel failing to attend court for hearing resulting in suit being struck out- Whether action against counsel time barred- Whether cause of action arose on date of failure to attend court or when opportunity to file afresh/reinstate was lost- Whether cause of action to ‘sue for loss of chance’ commences immediately- Assessment of damages for ‘loss of chance’- Tort- Professional negligence.

Hj Afifi bin Hj Hassan v Norman Disney & Young Sdn Bhd & Ors [2014] 7 MLJ 738

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Companies and Corporations – Winding up – Application for – Petition under s 218 – Elaborate scheme established to meet statutory requirements – Whether agreements entered into by parties illegal ab initio – Whether executed to circumvent statutory requirements – Public policy – Whether company illegal – Whether company must be wound up – Whether court should assist – Companies Act 1965 s 218(1)(f) & (i)

Jardine Lloyd Thompson Sdn Bhd v Berjaya Sompo Insurance Bhd [2014] 1 MLJ 581

COUNSEL & SOLICITOR:
KM Chan (Paul Ngooi with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Insurance – Insurance broker – Liability under policy – Indemnity against any claim – Insurance broker defrauded by employee – Overpayment of insurance premiums taken out by bank – Notification of potential claim under policy – Liability to indemnify losses suffered as consequence of employee’s fraudulent actions

Victory Investment Co Sdn Bhd v Pentadbir Tanah Daerah, Johor Bahru & Anor [2014] 7 MLJ 888

COUNSEL & SOLICITOR:
KT Tan (Vincent Tan with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Land Law – Acquisition of land – Compensation – Objection against adequacy of compensation – Delay – Estoppel – Application to enlarge time to file objection – Objection raised six years after issuance of Forms G and H – Land owner having accepted full payment of award without protest – Whether land owner estopped from making objection – Whether special circumstances existed to enlarge time – Land Acquisition Act 1960 ss 29, 30(b), 37 & 38(4)

Shahidan bin Shafie v Atlan Holdings Bhd & Anor [2013] 7 MLJ 215

COUNSEL & SOLICITOR:
For the plaintiff- Lim Kian Leong & Cheah Kit Yee & Lui Kar Yee; M/s Lim Kian Leong & Co

High Court

Companies and Corporations – Shares – Acquisition of shares – Danaharta offered 45% shares in ailing company for sale by tender – Defendants successfully purchased 32% of shares and proposed schemes to revitalise company – Whether defendants and Danaharta ‘acted in concert’ to take over control of company – Whether defendants legally obliged to make mandatory take – over offer to all shareholders of company – Whether Securities Commission Act 1993 and Take – over Code allowed minority shareholders private law remedy for statutory breach