Author: editor

COUNSEL & SOLICITOR:
For the Plaintiff: KM Chan; M/s Lim Kian Leong & Co

High Court

Issue was on indemnity from the Defendants (from whom the Plaintiff acquired the entire paid up capital) for back duty and penalty imposed by IRB

COUNSEL & SOLICITOR:
For the defendant – Terence Chan Kah Meng; M/s Lim Kian Leong & Co

High Court

CONTRACT: Fraud – Fraud claim in civil proceedings – Requirement for contemporaneous police report to be lodged – Plaintiffs failing to lodge police report against defendant – Whether plaintiff’s claim of fraud can be sustained

CONTRACT: Misrepresentation – Sale and Purchase of stake in defendant’s companies – Plaintiffs acting on the Sale and Purchase Agreement despite misgivings and contributing to the working capital after receiving the due diligence audit – Whether plaintiff estopped from claiming the sum of USD 2.1 million – Whether any misrepresentation by defendant

COUNSEL & SOLICITOR:
For the Plaintiff – KY Cheah; M/s Lim Kian Leong & Co

High Court

Issue was the claim for sums due to the Plaintiff (architect firm) from Defendant (housing developer).

COUNSEL & SOLICITOR:
For the appellants – Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Kho Yiong San with him); M/s Lim Kian Leong & Co

Court Of Appeal

COMPANY LAW: Winding up – Petition – Striking out – Whether petitioners filed verifying affidavit – Whether petition a nullity – Companies (Winding-up) Rules 1972, r. 26

COUNSEL & SOLICITOR:
For the respondents – Low Khian Leong (Low Chi Cheng, Tan Sin Shih & Kho Yiong San with him); M/s Lim Kian Leong & Co

Court Of Appeal

COMPANY LAW: Winding up – Petition – Striking out, appeal against – Whether trial judge erred in law and in fact in striking out petition summarily – Just and equitable grounds – Whether full hearing of petition required – Wrongful exercise of discretion – Companies Act 1965, s. 218(1)(i)

COUNSEL & SOLICITOR:
Mr Zulhairi bin Sulaiman of Messrs Lim Kian Leong & Co for the Company

Industrial Court

Issue was on dismissal.

COUNSEL & SOLICITOR:
Cik Sharon Lee of Messrs. Lim Kian Leong & Co, Counsel for Company

Industrial Court

Issue was on dismissal (s 20(3) Industrial Relations Act 1967)

COUNSEL & SOLICITOR:
C.K. Wong – Tt. Lim Kian Leong & Co., Kuala Lumpur – for Defendan

High Court

Issue was the admissibility of the Defendant’s Affidavit in Reply which was served 4 months out of time, whether curable under O 1A and O2 r 3 RHC 1980.

COUNSEL & SOLICITOR:
(Civil Appeal No: W-02-425-2008) For the respondent – Lim Kian Leong (Low Chi Cheng with him); M/s Lim Kian Leong & Co Court Of Appeal (Civil Appeal No: 02-426-2008) For the respondent – Lim Kian Leong (Low Chi Cheng with him); M/s Lim Kian Leong & Co

Court Of Appeal

CIVIL PROCEDURE: Injunction – Injunction restraining defendants from disposing assets – Stay – Principles applicable – Whether there was an arguable case against defendants – Undertaking as to damages – Whether injunction ought to be dissolved

CIVIL PROCEDURE: Execution – Stay – Injunction restraining defendants from disposing assets – Principles applicable – Whether there was an arguable case against defendants – Undertaking as to damages – Whether injunction ought to be dissolved

COUNSEL & SOLICITOR:
Counsel for Respondent: Mr Lim Kian Leong (Ms Tan Pak Theen with him)

Court Of Appeal

Issue is the examination of accounts – s 167 CA