Author: editor

Jb Precision Moulding Industries Sdn Bhd (In Liquidation) V Sime Diamond Leasing (Malaysia) Sdn Bhd [1995] 3 MLJ 718

editor

COUNSEL & SOLICITOR:
Chang Mun Fong and Low Chi Cheng (Lim Kian Leong & Co) for the respondent

High Court

Companies and Corporations – Winding up – ‘Act relating to property’ – Company paid security deposit under lease agreement to lessor – Creditors of company later commenced winding-up proceedings against company – Lessor utilized deposit to set off unpaid lease rentals after commencement of winding-up proceedings – Whether it was an act relating to property – Whether act void – Companies Act 1965 ss 223, 233 & 293

Words and Phrases – ‘Act relating to property’ – Companies Act 1965 s 293

Words and Phrases – ‘Disposition’ – Companies Act 1965 s 223

Ponniah V Sivalingam & Ors [1991] 3 MLJ 190

editor

COUNSEL & SOLICITOR:
Lim Kian Leong for the fourth to eighth defendants

High Court

Trusts and Trustees – Presumption of gift and advancement – Shares allotted to parties – Share certificates retained by donor – Whether donor had intention to give shares to children and wife – Whether evidence given by donor admissible

Civil Procedure – Summary judgment application – Declaration sought – Whether court has jurisdiction to grant declaration

Dunlop Malaysia Industries Bhd V Pernas-Sime Darby Sdn Bhd & Ors [1985] 2 MLJ 101

editor

COUNSEL & SOLICITOR:
Chan Hua Eng ( Lim Kian Leong with him) for 2nd, 3rd and 4th defendants

High Court

Contract – Joint venture agreement – Transfer of shares – Pre-emptive procedure – Manufacturing licence – Condition restricting freedom of share transfers – Equity holdings of participating companies – Whether transfers increasing holdings of a company infringe condition – Declarations whether ought to be granted to plaintiffs Companies Act 1965, s 179

Peter Ola Blomqvist v. Zavarco PLC & Ors And Other Appeals [2016] 2 CLJ 975

editor

COUNSEL & SOLICITOR:
Lim Kian Leong (Lui Kar Yee with him) (Lim Kian Leong & Co) for the 1st respondent.

COURT OF APPEAL (PUTRAJAYA)

CIVIL PROCEDURE: Stay of proceedings – Action against company directors for breach of fiduciary duties – Jurisdiction – Forum non conveniens – Company incorporated in United Kingdom with business address in Malaysia – Whether internal management of company governed by law of place of incorporation – Dealing of company shares – Whether issuance and tradability of shares governed by laws of United Kingdom – Whether dispute should be heard in Malaysian courts – Whether United Kingdom a more suitable and appropriate forum to determine dispute

Tenaga Gagah Sdn Bhd v Saik Siw Lai & Ors and another appeal [2016] 7 CLJ 182

editor

COUNSEL & SOLICITOR:
Tan Keng Teck (Keneth VK Liew with him) (Lim Kian Leong & Co) for the appellants.

COURT OF APPEAL (PUTRAJAYA)

COMPANY LAW: Winding up – Petition – Filing of more than one petition – Whether a company could be wound up twice – Whether second winding up order ought to be set aside – Whether second order rendered nugatory and superfluous – Whether trial judge erred in application of s. 219(2) of Companies Act 1965

Foo Jong Wee & Ors v HJ Afifi HJ Hassan [2016] 6 CLJ 696

editor

COUNSEL & SOLICITOR:
Lim Kiang Leong (Tan Wei Wei with him) (Lim Kian Leong & Co) for the respondent.

COURT OFAPPEAL (PUTRAJAYA)

COMPANY LAW: Winding up – Petition – Just and equitable grounds – Restructuring of company to comply with statutory requirements – Majority of shares vested in Bumiputeras – Whether restructuring agreement intended to circumvent statute and illegal – Petitioner participated and benefited from illegal arrangement – Whether just and equitable for company to be wound up – Registration of Engineers Act 1967, ss. 7A(3), 10(4)