Author: editor

COUNSEL & SOLICITOR:
Lim Kian Leong (Chan Kah Meng with him) (Lim Kian Leong & Co) for the respondent

Court Of Appeal

Banking – Banks and banking business – Collection of ‘Account Payee Only’ cheque – Duty of collecting bank – Who is the ‘true owner’ – Whether the respondent bank acted in reckless disregard of the clear mandate to the loss and detriment of the named payee and true owner – Whether the respondent as collecting bank liable to the true owner of the cheques for conversion and money had and received

COUNSEL & SOLICITOR:
Lim Kian Leong (Low Chin Cheng with him) (Lim Kian Leong) for the respondents.

High Court

Companies and Corporations – Winding up – Just and equitable grounds – Stand off between major shareholders – Breakdown in relationship of mutual trust and confidence – Exercise of court’s inherent jurisdiction to strike out petition – Petitioner showed careless disregard of interests of shareholders, whether amounted to bad faith – Petitioners involved in active management of company, whether oppression against petitioners proved – Companies Act 1965 s 218(1)(i)

COUNSEL & SOLICITOR:
C.C. Low with Neela Iaduray (M/s Lim Kian Leong & Co.)

High Court

Contract – Sale and purchase of land – Misrepresentation – Whether representations were made to the plaintiff – Purported variation in draft supplemental agreement – Whether oral second supplemental agreement concluded – Whether draft supplemental agreement enforceable

COUNSEL & SOLICITOR:
CC Low (Lim Kian Leong & Co) bagi pihak plaintif

High Court

Civil Procedure – Cost – Re-evaluation of Registrar’s Certificate – Application to re-evaluate made by Plaintiff before the signing of Registrar’s Certificate- Whether application was made premature- Whether Plaintiff is allowed to make fresh application if the previous application is made prematurely – Rules of the High Court 1980 O59 r 36(2)

COUNSEL & SOLICITOR:
KM Chan (Lim Kian Leong & Co) for the intervenor

High Court

Civil Procedure – Affidavits – Use of affidavit filed in previous proceedings – No affidavit in rebuttal to present application filed – Whether exhibit can be relied upon to contest present application – Whether O 32 r 13(2) of the Rules of the High Court 1980 must be strictly complied

COUNSEL & SOLICITOR:
W L Lock (M/s Lim Kian Leong & Co)

High Court

Labour Law – Industrial Court – Discretion of Minister – Refusal to refer representation to Industrial Court – Whether decision should be quashed – Whether applicant retrenched or dismissed

COUNSEL & SOLICITOR:
Lim Kian Leong (M/s Lim Kian Leong & Co)

High Court

Issue : Summary judgment

COUNSEL & SOLICITOR:
Lock Wan Ling( Lim Kian Leong & Co) for the plaintiffs.

High Court

Civil Procedure – Security – Security for plaintiff’s costs – Plaintiff not in liquidation – Whether s 223 of Companies Act 1965 can be invoked to question disposition of plaintiff’s property by receiver and manager – Absence of affidavit evidence setting out merits of case to resist application for security for cost – Whether application to be allowed

COUNSEL & SOLICITOR:
Lim Kian Leong bagi pihak plaintif/responden

High Court

Issue : damages for fraud, misrepresentation, conspiracy

COUNSEL & SOLICITOR:
K T Tan (Lim Kian Leong & Co) for the defendant

High Court

Issue : setting aside sale by public auction