Dato’ Tan Heng Chew v Tan Kim Hor [2006] MLJU 11 or [2006] MLJU 12-(concurrent judgment of Siti Norma Yaakob) or [2006] MLJU 48 – (judgment of Steve L K Shim)

COUNSEL & SOLICITOR:
Lim Kim Leong, Wong Yoke Peng, Tan Shin Shin, Rohana bte Ngah (Lim Kian Leong & Co), for the Appellants

Federal Court

Issue : Two appeals arising from an application by the Respondent for the learned High Court Judge to recuse herself from hearing Civil Suit No. D2-22-1179-2002. Her Ladyship dismissed the application but her order was reversed by the Court of Appeal

Tan Heng Chew and Others v Tan Kim Hor and Others [2006] MLJU 298 or Tan Heng Chew & Ors v Tan Kim Hor & Ors – [2006] 5 MLJ 313

COUNSEL & SOLICITOR:
Lim Kian Leong, Wong Yoke Peng, Tan Shin Shin, Rohana bte Ngah (Lim Kian Leong & Co)

Federal Court

Civil Procedure – Appeal – Issue not raised in High Court – New case and new test introduced at Federal Court which was not argued in court below – Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings – Whether Federal Court should determine the right test to be applied

Civil Procedure – Appeal – New point raised on appeal – New case and new test introduced at Federal Court which was not argued in court below – Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings – Whether Federal Court should determine the right test to be applied

Tan Heng Chew & Ors v Tan Kim Hor & Ors [2006] 5 MLJ 313

COUNSEL & SOLICITOR:
Lim Kian Leong, Wong Yoke Peng, Tan Shin Shin and Rohana bte Ngah with him) (Lim Kian Leong & Co) for the appellants

Federal Court

Civil Procedure – Appeal – Issue not raised in High Court – New case and new test introduced at Federal Court which was not argued in court below – Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings – Whether Federal Court should determine the right test to be applied

Civil Procedure – Appeal – New point raised on appeal – New case and new test introduced at Federal Court which was not argued in court below – Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings – Whether Federal Court should determine the right test to be applied

Tan Kim Hor & Ors V Tan Heng Chew & Ors [2004] 4 MLJ 118

COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co) for the respondents

High Court

Companies and Corporations – Winding up – Petition – Respondents filed application to restrain law firm from acting for petitioners – Whether law firm possessed any information, confidential or otherwise that could be used against respondents – Whether there was conflict of interest – Whether court could grant injunctive relief – Companies Act 1965 ss 218, 221(2)(f)