Author: editor

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

High Court

Civil Procedure – Pleadings – Amendment of – Amendment of winding-up petition – Whether court may give leave to amend petition under O 20 r 5 read in conjunction with O 20 r 7 of Rules of the High Court 1980

Companies and Corporations – Winding up – Petition – Amendment – Whether any injustice to other side – Whether amendments bona fide – Whether prejudice to other side can be compensated by costs – Whether amendments would turn suit of one character into suit of another and inconsistent character – Companies Act 1965 s 221(2)(e)

COUNSEL & SOLICITOR:
Lim Kian Leong assisted by Tan Shin Shin (Lim Kian Leong & Co)

High Court

Companies and Corporations – Winding up – Application to strike out winding up petition – Whether multiplicity of proceedings – Refiling of petition – Second petition presented by the same petitioners against the same respondents based on substantially the same grounds

COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co) for 1st & 2nd Defendant

High Court

Civil Procedure – Pleadings – Rules of – Whether counterclaim frivolous and vexatious – Rules of the High Court 1980, O 15 r 2 and 3 – Whether there was link between main claim and counterclaim – Necessity for express pleadings – Derivative action – Fraud on the minority – Whether necessary for express statement that action is for benefit of company – Procedural requirements

COUNSEL & SOLICITOR:
Sharon Lee (Lim Kian Leong & Co)

High Court

Summary judgment – Triable issues – Whether triable issues raised – Stay of execution – Counterclaim by defendant – Transfer of action – From sessions court to high court – Defendant tendered counterclaim in excess of sessions court’s jurisdiction – No application for transfer was made by the defendant – Whether the court could transfer the case in the absence of such an application

COUNSEL & SOLICITOR:
YP Wong (Lim Kian Leong & Co) for the judgment debtor

High Court

Civil Procedure – Reciprocal enforcement of foreign judgments – Setting aside of foreign judgments – Registration of foreign judgment in local courts – Grounds to challenge application for registration of foreign judgment – Whether valid – Service – Foreign writ of summons – Whether foreign writ of summons could be served personally

COUNSEL & SOLICITOR:
Tan Keng Teck (Lim Kian Leong & Co) for the plaintiff/respondent

High Court

Contract Law – Consideration – Past consideration – Reciprocal promise – Letter of indemnity issued earlier than insurance guarantee – Whether valid consideration – Contracts Act 1950 s 2

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Shin Shin with him) (Lim Kian Leong & Co) for the respondents

High Court

Companies and Corporations – Winding-up – Petition – Application to strike out petition – Multiplicity of proceedings – Two petitions presented by same petitioners upon similar grounds – Whether duplicity of proceedings – Courts of Judicature Act 1956 s 25(2) and para 11 of Schedule – Companies Act 1965 ss 222, 218(1)(f) & (i)

Companies and Corporations – Winding-up – Petition – Application to strike out petition – Multiplicity of proceedings – Whether second petition must necessarily be struck out or more appropriate to stay – Courts of Judicature Act 1956 s 25(2) and para 11 of Schedule – Companies Act 1965 ss 222, 218(1)(f) & (i)

COUNSEL & SOLICITOR:
Lim Kian Leong, Low Chi Cheng, Tan Shin Shin, Wong Chun-Keat with him (Lim Kian Leong & Co)

Court Of Appeal

Issue : Appeal against order by the High Court to strike out Originating Summon for want of a cause of action

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

High Court

Companies and Corporations – Winding up – Just and equitable rule – Striking out petition – Petitioners claimed to be in a ’50:50 or equal quasi-partnership’ – Petitioner in another civil suit filed subsequent to the petition, has on oath claimed that the petitioners own 55.4{ea522eb49183a839418867043b740453be090fcd3d73faedf82b9b22b788b398} of the shares in the company and have sought rectification of the shares register – Multiple claims and take multiple stands on oath on the very same issue of their shareholding – Whether the petition has not been made in good faith with genuine belief in its merits – Whether there is res judicata and/or issue estoppel arising in relation to this present application by the respondents

Companies and Corporations – Winding up – Stay of proceedings – Striking out petition – Difference in principles for stay of proceedings from the principles of striking out – Whether the petition can be sustained and/or is an abuse of process – Whether the court is at liberty to consider the facts and issues raised, and come to a decision independent of the decision on stay

COUNSEL & SOLICITOR:
Lim Kim Leong (Wong Yoke Peng, Tan Shin Shin and Rohana bte Ngah with him) (Lim Kian Leong & Co) for the appellant in Civil Appeal No 02-6 of 2005(W)

Federal Court

Civil Procedure – Judge – Application to recuse judge – Real danger of bias test – Whether Court of Appeal correct in applying new test for recusal which was inconsistent with ‘real danger of bias’ test

Civil Procedure – Judicial precedent – Court of Appeal – Whether Court of Appeal bound to follow ‘real danger of bias’ test adopted by Federal Court for recusal of judge