PUBLIC BANK BHD v. NG CHEE PING & ANOR; ABDUL SAMAD ALIAS (THIRD PARTY) [1999] 2 CLJ 505

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

High Court

COMPANY LAW: Receivership – Duties of receiver – Whether owes duty of care to borrower/guarantor – Whether has duty to reduce sums/interests due to bank – Whether has duty to collect debts due to borrower – Whether has duty to account to borrower for all rentals and receivables – Equitable duty to act in good faith as opposed to duty of care in negligence

CIVIL PROCEDURE: Third party proceedings – Cause of action – Whether necessary – Whether defendant must issue third party notice containing statement of claim – Rules of the High Court 1980, O. 18 r. 1(1)

Hj Afifi bin Hj Hassan v Norman Disney & Young Sdn Bhd & Ors [2014] 7 MLJ 738

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Companies and Corporations – Winding up – Application for – Petition under s 218 – Elaborate scheme established to meet statutory requirements – Whether agreements entered into by parties illegal ab initio – Whether executed to circumvent statutory requirements – Public policy – Whether company illegal – Whether company must be wound up – Whether court should assist – Companies Act 1965 s 218(1)(f) & (i)

Victory Investment Co Sdn Bhd v Pentadbir Tanah Daerah, Johor Bahru & Anor [2014] 7 MLJ 888

COUNSEL & SOLICITOR:
KT Tan (Vincent Tan with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Land Law – Acquisition of land – Compensation – Objection against adequacy of compensation – Delay – Estoppel – Application to enlarge time to file objection – Objection raised six years after issuance of Forms G and H – Land owner having accepted full payment of award without protest – Whether land owner estopped from making objection – Whether special circumstances existed to enlarge time – Land Acquisition Act 1960 ss 29, 30(b), 37 & 38(4)

Jardine Lloyd Thompson Sdn Bhd v Berjaya Sompo Insurance Bhd [2014] 1 MLJ 581

COUNSEL & SOLICITOR:
KM Chan (Paul Ngooi with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Insurance – Insurance broker – Liability under policy – Indemnity against any claim – Insurance broker defrauded by employee – Overpayment of insurance premiums taken out by bank – Notification of potential claim under policy – Liability to indemnify losses suffered as consequence of employee’s fraudulent actions

Zurich Insurance (M) Bhd (formerly known as Malaysian Assurance Alliance Bhd) v AmTrustee Bhd & Anor (Meridian Asset Management Sdn Bhd, third party) and another suit [2014] 1 MLJ 736

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei with him) (Lim Kian Leong & Co) for the first defendant.

HIGH COURT

Trusts and Trustees – Breach of – Fiduciary duty – Investment monies placed with fund manager siphoned off – Whether fund manager could escape vicarious liability for fraudulent actions of employee – Whether custodian of funds appointed by fund manager liable to investor for breach of fiduciary duties and negligence – Whether relationship between custodian and investor gave rise to fiduciary duty and duty of care – Whether fund manager rather than custodian bore greater degree of liability for loss to investor

Lian Meng Wah v Uma Parvathy Thothathri [2013] 10 MLJ 288

COUNSEL & SOLICITOR:
Lim Kian Leong (KS Cheah with him) (Lim Kian Leong & Co) for the defendant

HIGH COURT

Tort – Negligence – Damages – Claim against solicitor – Document of title deposited to solicitor – Allegation that solicitor mishandled issue document of title – Whether document misplaced – Plaintiff entered into sales and purchase agreement of land – Sale of land aborted – Sales and purchase agreement with intending purchaser terminated – Whether solicitor negligent – Whether misplaced document caused sales of land to be aborted and sales and purchase agreement to be terminated – Whether misplaced document contributed by plaintiff

Perunding Hashim & Neh Sdn Bhd v AXA Management Services Bhd (Previously Known as BH Insurance (M) Bhd) [2012] MLJU 607

COUNSEL & SOLICITOR:
For the defendant-Low Chi Cheng & Sharifah Nadia Al-Jafh; M/s Lim Kian Leong & Co

High Court

Building and Construction Law – Insurance – Tort – Negligence – Evidence – Deficient design alleged – Negligent act alleged – Whether plaintiff can claim under Insurance policy – Limiting terms in insurance policy – Expert evidence – Evidence Act 1950 s114(g)