Author: editor

Renault SA v Inokom Corp Sdn Bhd & Anor and other appeals [2010] 5 MLJ 394

editor

COUNSEL & SOLICITOR:
KM Chan (Veronica Ong with him) (Lim Kian Leong & Co) for the appellant in Appeal No W-03-116 of 2004

Court Of Appeal

Arbitration – Stay of proceedings – Application – Dispute in relation to performance and interpretation of agreement – Whether dispute fell within ambit of arbitration clause – Attempt to circumvent arbitration clause by instituting action against party to contract together with other third parties – Whether arbitration clause applicable – Whether applicable law Arbitration Act 2005 or Arbitration Act 1952

Arbitration – Stay of proceedings – Principles applicable – Whether granting of stay mandatory where requirements satisfied – Arbitration Act 2005 s 10

Civil Procedure – Striking out – Statement of claim – Claim for conspiracy – Failure to plead agreement to conspire and object of conspiracy – Whether cause of action in tort of conspiracy established – Whether statement of claim frivolous and vexatious – Whether fit and proper case for striking out

Tort – Conspiracy – Elements of – Agreement to injure must arise before unlawful act in execution of agreement – Alleged unlawful act said to have occurred in 2000 whereas conspiracy said to have occurred in 2001 – Failure to plead agreement to conspire and object of conspiracy – Whether cause of action for conspiracy established

Ngan & Ngan Holdings & Anor v Central Mercantile Corp (M) Sdn Bhd [2010] 1 MLJ 822 or [2009] MLJU 941

editor

COUNSEL & SOLICITOR:
Lim Kian Leong (Ng TT, Keith Kwan and Rachel Tan Pak Theen with him) for the appellants

Court Of Appeal

Companies and Corporations – Directors – Gratuity payment to director upon retirement – Decision in principle of holding company to give property belonging to its subsidiary to its former director in consideration of his retirement – Whether agreement in principle to give property to second defendant by way of gratuity for his past services valid and enforceable – Whether there was privity of contract between plaintiff and defendants – Whether relevant requirements under s 137(5) of the Companies Act 1965 complied with – Companies Act 1965 s 137(5)(a), (b), (c), (d), (e) – Rules of the High Court 1980 O14A

Woodsville Sdn Bhd v Tien Ik Enterprises Sdn bhd & Ors [2009] MLJU 76

editor

COUNSEL & SOLICITOR:
Lim Kian Leong (Ong Chee Kwan &Tan Keng Teck with him) (Lee Ong & Kandiah) for the appellant

Court Of Appeal

Issues : The appeals are against the decision of the Judge in allowing the applications of the liquidator of Tien Ik Enterprises Sdn Bhd, the 1st respondent and David Kuok Khoon Hin, the 2nd respondent to set aside an ex-parte order granting leave to apply for issue of order of committal against them.