Author: editor

COUNSEL & SOLICITOR:
Mr. Terence K.M. Chan assisted by Miss Tan Shin Shin from Messrs Lim Kian Leong & Co. The learned counsels for the Company

Industrial Court

Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967

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

High Court

COMPANY LAW: Winding up – Petition – Application to strike out – Multiplicity of proceedings – Two petitions presented by same petitioners upon similar grounds – Whether a duplicity of proceedings – Whether second petition must necessarily be struck out – Considerations – Whether more appropriate to stay second petition – Courts of Judicature Act 1956, s. 25(2) & para 11 of Schedule – Companies Act 1965, ss. 222, 218(1)(f), (i)

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

High Court

COMPANY LAW: Winding-up – Petition – Withdrawal of – Whether there is specific rule in Companies Act 1965 or Companies (Winding-Up) Rules 1972 to govern withdrawal of petition which has yet to be served and for which there was no advertisement – Whether English principles on withdrawal of petition applicable in Malaysia

COMPANY LAW: Winding-up – Petition – Multiplicity or duplicity of petitions – Whether court can dismiss one of the petitions

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

High Court

CIVIL PROCEDURE: Parties – Misjoinder – Application to strike out names from originating petition and proceedings thereto – Whether parties relevant to proceedings – Rules of the High Court 1980, O. 15 r. 6(2)

COMPANY LAW: Members’ right – Petition – Alleged acts of oppression and prejudicial conduct – Whether petition should be directed to only members or directors of company in question – Companies Act 1965, s. 181

COUNSEL & SOLICITOR:
(Civil Appeal No: W-02-448-2004) For the appellant – Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Wong Chun- Keat with him); M/s Lim Kian Leong & Col (Civil Appeal No: W-02-448-2004) For the appellant – Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Wong Chun- Keat with him); M/s Lim Kian Leong & Co

(Civil Appeal No: W-02-448-2004) For the appellant – Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Wong Chun- Keat with him); M/s Lim Kian Leong & Co

Court Of Appeal

COMPANY LAW: Members’ rights – Locus standi – Illegal or unlawful acts by company – Whether shareholder had locus standi to challege illegal or unlawful acts of company

CIVIL PROCEDURE: Parties – Locus standi – Test for determining locus standi

COMPANY LAW: Members’ rights – Locus standi – Test for determining locus standi

CIVIL PROCEDURE: Striking out – Discretion of court – Whether court may order an amendment instead of striking out a pleading – Circumstances when court should order a pleading struck out – Whether power to direct amendments under O. 18 r. 19 RHC 1980 a separate and distinct power from power to permit amendment under O. 20 RHC 1980

CIVIL PROCEDURE: Striking out – Discretion of court – Failure of High Court to consider whether pleading could be saved by amendment – Whether High Court in error – RHC 1980, O. 18 r. 19

CIVIL PROCEDURE: Costs – Plaintiff to pay costs – Defendants put to expense by plaintiff – Whether plaintiff obliged to compensate defendants

CIVIL PROCEDURE: Amendment – Appellate stage – Whether Court of Appeal empowered to order amendments to pleading on appeal – Rules of the Court of Appeal, r. 76

CIVIL PROCEDURE: Appeal – Appeal to Court of Appeal – Power of Court of Appeal to order amendments – Rules of the Court of Appeal, r. 76

COUNSEL & SOLICITOR:
For the judgment debtor – YP Wong; M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Reciprocal enforcement of judgments – Application for registration of Singapore judgment – Whether service through private agent proper – Whether illness, illiteracy and misrepresentation grounds for objecting to application – Rules of the High Court 1980, O. 65 r. 2 – Reciprocal Enforcement of Judgments Act 1958, s. 5(1)

CIVIL PROCEDURE: Service – Service of foreign legal process – Service by private agent – Whether in contravention of O. 65 r. 2 Rules of the High Court 1980

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

High Court

COMPANY LAW: Accounts – Inspection, application for – Whether application made on bad faith – Whether letter of undertaking complied with statutory requirements – Companies Act 1965, s. 167(6)

COMPANY LAW: Directors – Right to inspection of accounts – Whether unfettered – Whether right not available if bad faith is proved – Companies Act 1965, s. 167(6)

COUNSEL & SOLICITOR:
Counsel for Defendant 1 & 2 Mr Lim Kian Leong of Messrs Lim Kian Leong & Co Advocates & Solicitors, Kuala Lumpur

High Court

Issue was the appeal against the striking out of a derivative action by way of counterclaim

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

High Court

LEGAL PROFESSION: Practice and etiquette – Acceptance of brief – Conflict of interest – Firm had previously advised respondent company – Confidentiality – Embarrassment – Whether embarrassed – Professional independence – Whether an issue – Companies Act 1965, s. 221(2)(f) – Legal Profession (Practice and Etiquette) Rules 1978, rr. 3 & 5

COUNSEL & SOLICITOR:
W L Lock (M/s Lim Kian Leong & Co) – insufficient info to see represent who

High Court

Issue is on employment. – judgment truncated