COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Keng Teck with him) (Lim Kian Leong & Co) for the second to eighth respondents
High Court
Companies and Corporations – Members’ rights – Oppression – Petition for relief – Company’s decision not to subscribe to rights issue – Whether decision was in interest of members and company – Whether company’s affairs had been conducted in a manner oppressive to minority shareholders – Companies Act 1965 s 181
COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co) for the appellant
Court Of Appeal
Civil Procedure – Pleadings – Amendment – Statement of claim – Amendment sought after case management with benefit of defendants’ submissions – Amendment to show innuendo – Whether amounted to abuse of process of court – Whether amendment would result in addition of new cause of action – Whether amendments would cause injustice to defendant – Whether amendments had effect of resolving true controversy between parties – Whether inordinate delay in applying for amendments – Rules of the High Court 1980 O 20 r 5
COUNSEL & SOLICITOR:
Lim Kian Leong (Low Chi Cheng, Tan Shin Shin and Kho Ying San with him) (Lim Kian Leong & Co) for the respondents
Court Of Appeal
Companies and Corporations – Just and equitable grounds – Winding up petition sought on just and equitable grounds – Whether petition ought to be summarily dismissed – Companies Act 1965 s 218(1)(i)
Companies and Corporations – Winding up – Petition – Whether trial judge erred in law and in fact in striking out petition summarily – Just and equitable grounds – Whether full hearing of petition required – Companies Act 1965 s 218(1)(i)
COUNSEL & SOLICITOR:
Lim Kian Leong (Ong Chee Kwan and Tan Keng Teck with him) (Lee Ong & Kandiah) for the appellant
Court Of Appeal
Civil Procedure – Committal proceedings – Application for – Leave of court – Application against liquidator – Whether liquidator committed contempt of court – Whether leave of winding up court required
COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Pak Theen with him) (Lim Kian Leong & Co) for the respondent
Court Of Appeal
Issue : Inspection of accounts
COUNSEL & SOLICITOR:
KM Chan (Lim Kian Leong & Co.) for the first and second defendants
High Court
Issue : Appeal against decision to strike out
COUNSEL & SOLICITOR:
C.K. Wong (Lim Kian Leong & Co.) for the defendant
High Court
Issue : Declaration for termination of SPA and Deed of Mutual Covenants
COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co) for the plaintiff.
High Court
Civil Procedure – Pleadings – Amendment – Delay of 1 year and 7 months – Whether a tactical manoeuvre amounted to abuse of process of court – Whether application for amendment allowed – Principles governing amendment of pleadings – Rules of the High Court 1980 O 20 r 5
Civil Procedure – Pleadings – Amendment – Statement of Claim – Amendment sought after case management with benefit of the defendants’ submissions – Amendment to show innuendo – Whether an attempt to introduce extrinsic evidence
COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co) for the respondents/Mareva defendants
Court Of Appeal
Civil Procedure – Judgments and orders – Mareva order – Variation of Mareva order – Appeal against – Whether appellants made out strong case of proprietary claim against respondents – Whether High Court correct in varying Mareva order
COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co.) for the 1st to 9th respondents
Court Of Appeal
Issue : This was an appeal against the decision of the High Court at Kuala Lumpur given on 4 April 2007 by the appellants (the plaintiffs) whereby the High Court ordered variations of Mareva Injunctions previously granted which restrained the respondents (the 1st, 4th, 6th to 12th defendants) from dissipating their assets pending trial of the civil suit