Author: editor

COUNSEL & SOLICITOR:
For the respondent – Lim Kian Leong (Chan Kah Meng); M/s Lim Kian Leong & Co

Court Of Appeal

BANKING: Banks and banking business – Collection of ‘Account payee only’ cheques – Cheques banked in favour of third party – No authorisation by named payee – Respondent bank disregarding endorsement "account payee only", "not negotiable" and cancellation of "or bearer/atau pembawa" in cheques – Whether respondent bank acted recklessly – Peculiar contrary banking practice – Whether an accepted defence

NEGOTIABLE INSTRUMENTS: Cheque – ‘Account payee only’ – Cheques banked in favour of third party – No authorisation by named payee – Whether respondent bank could seek protection under s. 85, Bills of Exchange Act 1949

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

Federal Court

CONSTITUTIONAL LAW: Suit involving Regent of State – Jurisdiction – Whether plaintiff’s suit against defendants should proceed in Special Court and not High Court upon plaintiff’s appointment as Regent of Selangor – Interpretation of "Ruler" – Whether a Regent is a "Ruler" under arts. 160, 181, 182 and 183 of the Federal Constitution – Dato’ Menteri Othman Baginda & Anor v. Dato’ Ombi Syed Alwi Syed Idrus

STATUTORY INTERPRETATION: Construction of statutes – Interpretation of "Ruler" – Whether a Regent is a "Ruler" under arts. 160, 181, 182 and 183 of Federal Constitution – Dato’ Menteri Othman Baginda & Anor v. Dato’ Ombi Syed Alwi Syed Idrus

COUNSEL & SOLICITOR:
Peguamcara bagi pihak Defendan: Tetuan Lim Kian Leong & Co

High Court

Issue is on Private caveat

COUNSEL & SOLICITOR:
Cik CC Low (Cik Neela Iaduray with her) for the Plaintiff (M/s Lim Kian Leong & Co)

High Court

Issue is whether or not the Defendant did make any representations to the Plaintiff to induce the entry into the SPA and if so, the nature of those misrepresentations and secondly whether any agreement was reached in the terms of the Second Supplemental Agreement.

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

High Court

CIVIL PROCEDURE : Cost – Application to review assessment of Senior Assistant Registrar – Rules of the High Court 1980, O. 59 r. 36(2) – Application made before Registrar’s Certificate was issued – Whether application was made prematurely – Whether application to file should be allowed

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

High Court

CIVIL PROCEDURE: Affidavits – Exhibit – Exhibit annexed to affidavit-insupport of application – Whether opposing party could use exhibit to contest application – Whether opposing party must file an affidavit in reply annexing exhibit thereto – Rules of the High Court 1980, O. 32 r. 13(2)(b)

COUNSEL & SOLICITOR:
For the plaintiffs – Lock Wan Ling; M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Costs – Security for costs – Application by defendant – Merits of plaintiff’s case – Whether sufficient to resist application

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

High Court

CIVIL PROCEDURE: Summary judgment – Appeal – Plaintiff’s claim for conversion of cheques – Whether there were triable issues – Whether affidavit in support of summary judgment defective – Whether summary judgment should have been granted

CIVIL PROCEDURE: Affidavits – Defective affidavit in application for summary judgment – Failure of plaintiff to apply for leave of court – Rules of the High Court 1980, O. 14 rr. 4 and 7(1) – Whether affidavit could be used to support application for summary judgment

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

High Court

LAND LAW: Charge – Chargee’s duty to chargor – Sale of Malay reservation land by public auction – Whether proclamation of sale and advertisement ought to state that non-Malays may purchase land also – Whether failure to do so amounts to a misdescription – Whether failure to do so amounts to breach of duty of care owed by chargee to chargor – Whether chargor must prove loss suffered – Failure by chargor to produce valuation report to show land sold at an undervalue – Whether sale by public auction ought to be set aside

LAND LAW: Sale of land – Auction – Setting aside sale by public auction – Undertaking by chargor to postpone auction dishonoured – Whether good grounds for setting aside public auction – Whether chargee should have checked if auction postponed – Whether sale by public auction ought to be set aside

LAND LAW: Sale of land – Auction – Sale of Malay reservation land by public auction – Whether proclamation of sale and advertisement ought to state that non-Malays may purchase land also – Whether failure to do so amounts to a misdescription – Whether failure to do so amounts to breach of duty of care owed by chargee to chargor – Whether sale by public auction ought to be set aside

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

High Court

CIVIL PROCEDURE: Appeal – Notice of appeal – Filing of – Whether to be filed in registry of High Court – Whether to be filed in registry of court appealed from – Order 49 r. 6(2) Subordinate Courts Rules 1980 – Scope and effect

WORDS & PHRASES: "Time limited for the filing of appeal to the Registrar of the High Court" – Order 49 r. 6(2) Subordinate Courts Rules 1980 – Proper meaning of