Author: editor

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

High Court

Tort – Defamation – Libel – Plaintiff claimed letter written by defendant and addressed to liquidator’s representative (‘impugned letter’) defamatory of plaintiff – Whether impugned letter made reference to plaintiff – Whether there was publication of impugned letter – Whether impugned letter read as a whole was defamatory – Defences – Absolute privilege – Whether impugned letter part of quasi judicial proceedings – Qualified privilege – Whether proven – Whether defendant had moral duty to bring irregularities to attention of liquidators – Damages – Assessment of

COUNSEL & SOLICITOR:
For the appellant – Lim Kian Leong, Lee May Lin & Paul Ngooi; M/s Lim Kian Leong & Co

Court Of Appeal

Companies and Corporations – Priorities – Right of priority (pari passu rule) – Priority of appellant as creditor – Preliminary issue – Appellant as trustee of medium terms notes (‘MTN’) – MTN constituted by trust deed – Clause 10.1(cc) – Whether appellant ranked in priority to other groups of unsecured creditors – Whether amount owing by second respondent to appellant had priority over syndicated term loan and convertible bonds – Whether equitable priority rule applied at expense of an express statutory provision – Whether restrictive effect of cl 10.1(cc) could be extended to other creditors not parties to trust deed – Companies Act 1965 s 292(2)

COUNSEL & SOLICITOR:
For the 7th respondents -Low Chi Cheng & Sharifah Nadia Aljafri, M/s Lim Kian Leong & Co

Court Of Appeal

Civil Procedure – Amendment – Petition under s 181 of the Companies Act 1965 – Application dismissed – Appeal – Whether order to amend ought to be granted

Civil Procedure – Striking out – Petition under s 181 of the Companies Act 1965 – Appeal against order – Whether appellant’s allegations obviously unsustainable – Rules of the High Court 1980 O 18 r 19

COUNSEL & SOLICITOR:
For the plaintiff – Lim Kian Leong & Tan Keng Teck; M/s Lim Kian Leong & Co

High Court

Breach of contract – Syndicated lending – Relationship between Agent, Co-lender and borrower – Duty of good faith & fair dealing

COUNSEL & SOLICITOR:
For the 7th respondent -Low Chi Cheng & Sharifah Nadia Aljafri, M/s Lim Kian Leong & Co

Court Of Appeal

Petition under 30 section 181of the Companies Act 1965 – Striking out Application

COUNSEL & SOLICITOR:
For the appellant – Chan Kah Meng & Veronica Ong; M/s Lim Kian Leong & Co

Court Of Appeal

Commissioning of Goods – fitness for the particular purpose – whether a spray painting system sold by the Appellant to the Respondent was not fit for its purpose due to failure to design the system which would be able to carry materials of a certain minimum weight – whether the Respondent relied on the expertise of the Appellant in designing and constructing the system

COUNSEL & SOLICITOR:
For the plaintiff – Lim Kian Leong & Tan Keng Teck; M/s Lim Kian Leong & Co

High Court

Contract – Breach – Damages – Loan syndication facility granted by defendant and co-lenders to plaintiff for completion of construction project – Defendant assumed lead bank role in loan facility – Whether defendant bank in breach of its contractual duties as agent in loan facility – Whether defendant’s indifference towards plight of plaintiff inconsistent with its duties as plaintiff’s agent – Whether defendant in breach of duty to act in good faith in conduct of facilities granted to plaintiff – Whether defendant was fiduciary of plaintiff – Whether defendant and co-lenders misapplied monies – Whether delay by defendant and co-lenders in response to their obligations as bankers was direct cause of delay in completion of revised project – Whether defendant and co-lenders jointly liable for damages claimed by plaintiff – Whether defendant and co-lenders in breach of contractual, tortious and fiduciary obligations under financial arrangement

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

Court Of Appeal

Companies and Corporations – Members’ rights – Petition under s 181 of the Companies Act 1965 – Derivative action – Statutory application for leave to bring action on behalf of defendant company – Whether plaintiff had locus standi to apply for leave – Whether leave ought to be granted – Whether applicant acting in good faith – Whether application brought for a collateral purpose – Whether court interference in business and commercial decision of directors warranted – Whether claim had any reasonable prospect of success – Whether mandatory general offer was illegal and unlawful – Companies Act 1965 ss 181A(1), (4)(b) & 181B(2)

COUNSEL & SOLICITOR:
Tan Keng Teck (Lim Kian Leong & Co) for the plaintiffs

High Court

Issue – removal of caveat

COUNSEL & SOLICITOR:
Lim Kian Leong, Rachel Tan Pak Theen (Tetuan Lim Kian Leong & Co) for the applicant/defendant

High Court

Issue : illegality in contract