TAN KIM HOR v. TAN CHONG & MOTOR COMPANY SDN BHD & ORS [2003] 2 CLJ 434

COUNSEL & SOLICITOR:
For the 6th defendant – Lim Kian Leong; M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Judge – Application to disqualify judge – Judge made adverse findings of fact against plaintiff in earlier action – Whether judge should recuse herself from hearing plaintiff’s subsequent action against same defendants – Application of ‘real danger of bias’ test – Whether adverse comments on conduct of plaintiff in earlier action gave rise to real danger of bias in subsequent action – Whether application to disqualify judge amounted to contempt of court

CIVIL PROCEDURE: Contempt of court – Application to disqualify judge – Whether amounts to contempt of court

TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2003] 1 CLJ 472

COUNSEL & SOLICITOR:
For the 1st-9th respondents – Lim Kian Leong (Low Chi Cheng); M/s Lim Kian Leong & Co

High Court

COMPANY LAW: Winding-up – Petition – Application for injunction under petition – Whether allowable – Whether injunction could not be ordered in the course of winding-up petition – Jurisdiction – Whether beyond jurisdiction of court to give injunctive orders unrelated to petition – Companies Act 1965 ss. 218, 221 – Rules of High Court 1980 O. 29 rr. 1, 2

CIVIL PROCEDURE: Action – Commencement – Petition for winding-up – Application for injunction under petition – Whether allowable – Whether constituted wrong mode of commencement – Rules of High Court 1980, O. 29 rr. 1, 1 – Companies Act 1965 s. 218, 221

TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2003] 1 CLJ 634

COUNSEL & SOLICITOR:
For the respondents – Lim Kian Leong (Low Chi Cheng, Neela Iadurey); M/s Lim Kian Leong & Co

Court Of Appeal

COMPANY LAW: Winding up – Just and equitable rule – Application to strike out petition – Company comprising family members – Proper approach – Whether to give due considerations to personal character of relationship between parties – Whether to avoid trial by affidavits – Striking out petition by way of O. 18 r. 19 Rules of the High Court 1980 – Whether undesirable – Companies Act 1965, s. 218(1)(i) – Rules of the High Court 1980, O. 18 r. 19 (1)(a), (b) & (d)

CIVIL PROCEDURE: Striking out – Winding up petition – Striking out petition under O. 18 r. 19 Rules of the High Court 1980 – Whether undesirable – Whether to be resorted to in plain and obvious cases – Rules of the High Court 1980, O. 18 r. 19(1)(a), (b) & (d) – Companies Act 1965, s. 218(1)(i)

DYTM TENGKU IDRIS SHAH IBNI SULTAN SALAHUDDIN ABDUL AZIZ SHAH v. DIKIM HOLDINGS SDN BHD & ANOR [2003] 1 CLJ 801

COUNSEL & SOLICITOR:
For the plaintiff – Lim Kian Leong (Low Chi Cheng); M/s Lim Kian Leong & Co

Federal Court

CONSTITUTIONAL LAW : Suit involving ruler – Jurisdiction – Suit filed in High Court before plaintiff became ruler – Whether High Court continued to have jurisdiction to adjudicate suit after plaintiff became ruler – Whether Special Court had the exclusive jurisdiction – Whether High Court had power to transfer suit to Special Court – Whether suit should be withdrawn and refiled in Special Court – Federal Constitution, arts. 38(4), 70(1), 121, 181, 182, 183