Lian Meng Wah v Uma Parvathy Thothathri [2013] 10 MLJ 288

COUNSEL & SOLICITOR:
Lim Kian Leong (KS Cheah with him) (Lim Kian Leong & Co) for the defendant

HIGH COURT

Tort – Negligence – Damages – Claim against solicitor – Document of title deposited to solicitor – Allegation that solicitor mishandled issue document of title – Whether document misplaced – Plaintiff entered into sales and purchase agreement of land – Sale of land aborted – Sales and purchase agreement with intending purchaser terminated – Whether solicitor negligent – Whether misplaced document caused sales of land to be aborted and sales and purchase agreement to be terminated – Whether misplaced document contributed by plaintiff

Zurich Insurance (M) Bhd (formerly known as Malaysian Assurance Alliance Bhd) v AmTrustee Bhd & Anor (Meridian Asset Management Sdn Bhd, third party) and another suit [2014] 1 MLJ 736

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

HIGH COURT

Trusts and Trustees – Breach of – Fiduciary duty – Investment monies placed with fund manager siphoned off – Whether fund manager could escape vicarious liability for fraudulent actions of employee – Whether custodian of funds appointed by fund manager liable to investor for breach of fiduciary duties and negligence – Whether relationship between custodian and investor gave rise to fiduciary duty and duty of care – Whether fund manager rather than custodian bore greater degree of liability for loss to investor

David Kuok Khoon Hin v Kuok Khoon Hwong [2012] 3 MLJ 581

COUNSEL & SOLICITOR:
For the defendant – Lim Kian Leong & Rachel Tan; M/s Lim Kian Leong & Co

High Court

Tort – Defamation – Libel – Plaintiff claimed letter written by defendant and addressed to liquidator’s representative (‘impugned letter’) defamatory of plaintiff – Whether impugned letter made reference to plaintiff – Whether there was publication of impugned letter – Whether impugned letter read as a whole was defamatory – Defences – Absolute privilege – Whether impugned letter part of quasi judicial proceedings – Qualified privilege – Whether proven – Whether defendant had moral duty to bring irregularities to attention of liquidators – Damages – Assessment of

Perunding Hashim & Neh Sdn Bhd v AXA Management Services Bhd (Previously Known as BH Insurance (M) Bhd) [2012] MLJU 607

COUNSEL & SOLICITOR:
For the defendant-Low Chi Cheng & Sharifah Nadia Al-Jafh; M/s Lim Kian Leong & Co

High Court

Building and Construction Law – Insurance – Tort – Negligence – Evidence – Deficient design alleged – Negligent act alleged – Whether plaintiff can claim under Insurance policy – Limiting terms in insurance policy – Expert evidence – Evidence Act 1950 s114(g)

Aras Jalinan Sdn Bhd v Tipco Asphalt Public Co Ltd & Ors [2012] 1 MLJ 510

COUNSEL & SOLICITOR:
For the 7th respondents -Low Chi Cheng & Sharifah Nadia Aljafri, M/s Lim Kian Leong & Co

Court Of Appeal

Civil Procedure – Amendment – Petition under s 181 of the Companies Act 1965 – Application dismissed – Appeal – Whether order to amend ought to be granted

Civil Procedure – Striking out – Petition under s 181 of the Companies Act 1965 – Appeal against order – Whether appellant’s allegations obviously unsustainable – Rules of the High Court 1980 O 18 r 19

Malaysian Trustees Bhd v Transmile Group Bhd & Ors [2012] 3 MLJ 679

COUNSEL & SOLICITOR:
For the appellant – Lim Kian Leong, Lee May Lin & Paul Ngooi; M/s Lim Kian Leong & Co

Court Of Appeal

Companies and Corporations – Priorities – Right of priority (pari passu rule) – Priority of appellant as creditor – Preliminary issue – Appellant as trustee of medium terms notes (‘MTN’) – MTN constituted by trust deed – Clause 10.1(cc) – Whether appellant ranked in priority to other groups of unsecured creditors – Whether amount owing by second respondent to appellant had priority over syndicated term loan and convertible bonds – Whether equitable priority rule applied at expense of an express statutory provision – Whether restrictive effect of cl 10.1(cc) could be extended to other creditors not parties to trust deed – Companies Act 1965 s 292(2)