Author: editor

TARITA PHOTO AV TRADING SDN BHD v. LEONG YUE KHAU, ANTHONY & ORS [2011] 1 LNS 1035

editor

COUNSEL & SOLICITOR:
For the defendants -Lim Kian Leong & Cheah Kit Yee; M/s Lim Kian Leong & Co

High Court

Whether the Defendants had breached their duty of care to the Plantiff during the Extended Completion Date period and beyond –

Whether the Termination of the SPA by the Vendor was lawful and reasonable in the circumstances of the case –

Whether the assumption of liability by the Plaintiff in her settlement with the Vendor breaks the chain of causation –

Whether the evidence of PW 1 in Court being interpreted by a private Chinese interpreter engaged by the Plaintiff should be disregarded totally

TENGAH OIL AND GAS INTERNATIONAL PTE LTD v. SEAWEALTH NAUTICAL SDN BHD & ANOR [2011] 1 LNS 1075

editor

COUNSEL & SOLICITOR:
For the 2nd defendant -Terence KM Chan & Vincent Tan; M/s Lim Kian Leong & Co

High Court

Whether the 1st defendant’s failure to take possession of the raised skid beams and to make payment of the same constituted a breach of contract on the part of the 1st defendant with the plaintiff –

Whether the 2nd defendant’s conduct amounted to wrongful interference with the contractual relationship between the plaintiff and the 1st defendant. (Cause of Action against 2nd Defendant)

COMBAT ENTERPRISE (M) SDN BHD v. LUCKSOON METAL WORKS SDN BHD [2011] 1 LNS 1730

editor

COUNSEL & SOLICITOR:
For the appellant -Chan Kah Meng & Veronica Ong; M/s Lim Kian Leong & Co

Court Of Appeal

Commissioning of Goods – fitness for the particular purpose – whether a spray painting system sold by the Appellant to the Respondent was not fit for its purpose due to failure to design the system which would be able to carry materials of a certain minimum weight – whether the Respondent relied on the expertise of the Appellant in designing and constructing the system.

MPI POLYESTER INDUSTRIES SDN BHD V ENG KOO KIANG & ORS [2011] 8 CLJ 236

editor

COUNSEL & SOLICITOR:
For the plaintiff – Terence KM Chan (Tan Shin Shin with him); M/s Lim Kian Leong & Co

High Court

TORT: Negligence – Breach of duty – Fiduciary duty – Whether first and fourth defendants owed fiduciary duty to plaintiff – Whether duties and interest conflict -First and fourth defendants’ knowledge of second defendant’s actions – Whether reasonable diligence exercised – Whether negligence proved

TORT: Conspiracy to injure – Intention – Whether defendants conspired among each other to cause detriment to plaintiff – Whether there was common purpose among defendants – Whether defendants had predominant purpose to injure plaintiff – Whether plaintiff suffered damages

NORMAN DISNEY & YOUNG v. AFFIFI HJ HASSAN [2011] 1 CLJ 210 [2010] 1 LNS 514

editor

COUNSEL & SOLICITOR:
For the defendant – Lim Kian Leong (Rachel Tan Pak Theen with him); M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Striking out – Action – Plaintiff’s action against defendant based on contracts with unlawful objects and/or consideration – Defendant applying to strike out action – Pointless for plaintiff to go to trial

CONTRACT: Void contract – Consideration unlawful – Contract attempting to circumvent requirements of statute – Such contract void under s. 24(a) and (b) of Contracts Act 1950 – Impossible to sever unlawful part of contract from lawful part – Such severability prohibited under s. 25 of Contracts Act 1950 – Contracts Act 1950, ss. 24, 25

CONTRACT: Illegality – Contravention of law – Contract attempting to circumvent requirements of statute – Such contract unlawful – Approach of court when illegality suspected

CONTRACT: Illegality – Public policy – ‘Ali Baba’ type of companies – Contracts to establish such companies illegal and contrary to public policy