COUNSEL & SOLICITOR:
For the Respondent – Lim Kian Leong; M/s Lim Kian Leong & Co.
High Court
The issue is whether proceeds from the sale of lands by the Respondent should be charged with income tax under the Income Tax Act 1967 or real property gains tax under the Real Property Gains Tax Act 1976
COUNSEL & SOLICITOR:
(Civil Appeal No: W-02-677-2007) For the appellant – Lim Kian Leong; M/s Lim Kian Leong & Co
(Civil Appeal No: W-02-708-2007) For the appellant – Lim Kian Leong; M/s Lim Kian Leong & Co
Court Of Appeal
CIVIL PROCEDURE: Amendment – Writ of summons and statement of claim – Defamation suit – Case not set down for trial – Proposed amendments to set out with greater clarity defamatory nature of statements by way of innuendo other than in their natural and ordinary meaning – Amendment allowed
CIVIL PROCEDURE: Amendment – Writ of summons and statement of claim – Principles applicable – Whether prejudice suffered by defendant could be compensated by costs – Whether new facts and issues raised – Whether application for amendment one year and seven months after "Agreed Issues To Be Tried" constituted inordinate delay – Whether proposed amendments a tactical manoeuvre and abuse of process of court – Proposed amendments allowed so that true issues in controversy could be resolved – Far greater injustice if plaintiff’s case was limited prematurely – Order 20 r. 5 Rules of the High Court 1980
COUNSEL & SOLICITOR:
For the plaintiff – Lim Kian Leong (Low Chi Cheng with him); M/s Lim Kian Leong & Co
High Court
CIVIL PROCEDURE: Summary judgment – Settlement agreement – Whether triable issues existed – Defendant executed Settlement Agreement to pay reduced debt but defaulted – Plaintiff terminated Settlement Agreement and reinstated original debt – Plaintiff entitled to default and penalty interest forming part of its claim – Conclusive evidence clause – Whether plaintiff was negligent in selling shares charged to it – Marginal difference in sale proceeds and defendant’s valuation of shares – Whether too minimal to attribute negligence on plaintiff
CONTRACT: Settlement – Settlement Agreement – Breach of agreement – Admissions by defendant in Settlement Agreement – Whether admissions made in the course of negotiations and hence inadmissible – Defendant acknowledged liability for reduced debt but not difference in original indebtedness and reduced debt
COUNSEL & SOLICITOR:
For the Company – Terence KM Chan
Industrial Court
Issue was that on dismissal but was settled.
COUNSEL & SOLICITOR:
For the Respondent – Terence KM Chan; M/s Lim Kian Leong & Co
Industrial Court
Issue was on constructive dismissal.
COUNSEL & SOLICITOR:
For the Applicant in Enc. 404, 413, 417, 419, 421, 423, 415 and 4277 Plaintiff – Low Chi Cheng; T/n Lim Kian Leong & Co
High Court
Issue was on recovery of monies, striking out, and to adduce fresh evidence.
COUNSEL & SOLICITOR:
For the Plaintiff – Lim Kian Leong & Low Chi Cheng; T/n Lim Kian Leong & Co
High Court
Issue was on joinder of parties (14 additional Defendants).
COUNSEL & SOLICITOR:
For the Plaintiff – Lim Kian Leong & Low Chi Cheng; T/n Lim Kian Leong & Co
High Court
Issue was on the striking out of counterclaims.
COUNSEL & SOLICITOR:
For the appellants – Tan Keng Teck; M/s Lim Kian Leong & Co.
Court Of Appeal
Issue was on the appeal on the striking out of writ and statement of claim.
COUNSEL & SOLICITOR:
For the 2nd Respondent – Tan Pak Theen; M/s Lim Kian Leong & Co.
Court Of Appeal
Issue was on the appeal against a declaration granted to allow the withdrawal of monies from fixed deposit accounts.