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 Zavarco 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

Export-Import Bank of Malaysia Bhd v Hisham Sobri & Kadir (being sued as a firm) [2018] MLJU 110

COUNSEL & SOLICITOR:
Lim Kiang Leong (Foo Siew Yin with him) for the Defendant.

HIGH COURT

Setting Aside – Strike out Writ of summons and Amended Statement of Claim – O.77 r. 4 of the Rules of Court 2012 – Whether Court has the discretion to determine whether the New Partners were partners of the Defendant or liable at the material time – Whether action is statute-barred – Whether action barred by Res Judicata

Sabarudin bin Othman & Anor v Malayan Banking Bhd and another appeal [2018] MLJU 304

COUNSEL & SOLICITOR:
Chan Kah Meng (Tan Wei Wei with him) (Lim Kian Leong & Co) for the appellant.

COURT OF APPEAL (PUTRAJAYA)

Whether Plaintiff’s claim for items of the Third Party Notice should be allowed – Whether res judicata apply to preclude Third Party B from raising limitation as a defence against the plaintiff’s claim – Whether the Plaintiff’s claim is time barred – Whether Plaintiff can approbate and reprobate – Whether the learned judge’s finding of negligence against Third Party A and B is sustainable – Whether the alleged forgery of the 3rd defendant’s signature of the impugned documents has been established – Distinction between documents required by law to be attested and documents not required by law to be attested

Voon Jou Iong v Katherine Loh Lou Yen & Anor [2018] MLJU 445

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

HIGH COURT

Plaintiff entered into Agreement to sell 2 pieces of land – Said Land contain restriction that they cannot be transferred, leased or charged without obtaining written consent from the Menteri Besar of the State of Negeri Sembilan (“MB”) – Whether the said Consent was sent out – Termination by Plaintiff