Category: Current Law Journal

COUNSEL & SOLICITOR:

Terence KM Chan (Bryan Goh with him)(Lim Kian Leong & Co) for the second claimant.  

INDUSTRIAL COURT (KUALA LUMPUR)

DISMISSAL: Constructive dismissal – Claimants, amongst other things, having their belongings forcibly removed from their offices and denied access to it – Whether it had amounted to a fundamental breach which had gone to the root of their Contracts of Employment – Factors to consider – Evidence adduced – Effect of – Company’s defence – Whether could be accepted – Whether it had justified the claimants walking out of their employment and claiming constructive dismissal.

EVIDENCE: Documentary evidence – Whether the claimants had been Employees of the Company – Factors to consider – Evidence adduced – Effect of – Whether they had been dismissed by it.

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei, Chris Lim Su Heng, Nur Khidmah Huzaisham & Colin Liew with him) (M/s Chris Lim Se Heng) for the Respondent.

FEDERAL COURT (PUTRAJAYA)

Company Law — Directors — Duties — Directors’ duties to act in best interest of company in divestments company’s shareholding — Whether directors acted in breach of statutory duties as set out in s 132(1) of the Companies Act 1965 — Whether there was dishonest assistance in various breaches of duty owed — Whether there was conspiracy by lawful and/or unlawful means to injure company vide divestments — Whether there were acts or omissions that caused company to suffer loss and damage in relation to divestments — Whether directors in breach of fiduciary, statutory or common law duties — Whether directors failed to act in best interest of company — Whether such failure caused losses and damages to company

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Keng Teck, Chai Jai Hui, Janet tang & Tobias Lim Koon Li with him) (Lim Kian Leong & Co) for the respondents.

HIGH COURT

EVIDENCE: Witness – Subpoena – Application to set aside – Witnesses subpoenaed to testify in court – Suits in relation to allegations of breach of fiduciary and statutory duties of directors and conspiracy to injure companies – Whether subpoenaed persons may apply to set aside subpoena before commencement of trial – Whether ground that evidence may be given by subpoenaed witnesses admissible – Whether court ought to exercise inherent jurisdiction of court to set aside subpoenas – Rules of Court 2012, O. 92 r. 4

COUNSEL & SOLICITOR:
Goh Gin Jhen (Lim Kian Leong & Co) for the 3rd defendant.

HIGH COURT

CIVIL PROCEDURE: Discovery – Documents – Bank statements – Claim for repayment of friendly loan – Defendant alleged money deposited into plaintiff’s bank account but unable to produce payment slips – Application for discovery of bank statements by defendant – Whether copies of bank statements requested were relevant – Whether bank statements showed deposit entries corresponding with amounts that defendants claimed to have deposited in plaintiff’s bank account – Whether elements for discovery as set out in case of Yekambaran Marimuthu v. Malayawata Steel Berhad [1994] 2 CLJ 581 were met

COUNSEL & SOLICITOR:
Chan Kah Meng (Chai Jia Hui with him) (Lim Kian Leong & Co) for the Plaintiff.

HIGH COURT

DAMAGES: Appeal – Assessment of damages – Marble and granite stones – Whether plaintiff suffered continuous deprivation of use of stones – Whether assessment of value of stone must be based on current market value or value at date of judgment – Nominal damages – Whether nominal damages awarded by registrar was reasonable – Quantum meruit – Claim for rental fees for keeping stones – Trial judge ordered stones to be returned – Whether defendant entitled to claim for rental fees

COUNSEL & SOLICITOR:
Lim Kian Leong (Alvin Oh & Ooi Jian Rong with him) (M/s Sia Siew Mun & Co) for the Plaintiff.

HIGH COURT

CIVIL PROCEDURE: Striking out – Action – Action to impeach judgments of previous suits on ground of fraud – Res judicata – Action to reduce liability of plaintiff as former director of company – Whether plaintiff has sufficient interest and standing to commence suit – Whether principle of res judicata applicable where a fresh action has been commenced to set aside a prior judgment of court on ground of fraud – Whether a claim involving an allegation of fraud ought to be determined after a full trial – Whether plaintiff’s pleadings established a reasonable cause of action

COUNSEL & SOLICITOR:
Lim Kian Leong (Janet Tang Yii Chi & Tobias Lim with him) (Lim Kian Leong & Co) for the appellant.

Court of Appeal (Putrajaya)

COMPANY LAW: Directors – Breach of fiduciary duties – Whether director acted in good faith in procuring company’s entry into investment management agreement with fund manager – Whether director misled company – Whether director attempted to verify financial viability of fund manager – Whether background checks done before signing of investment management agreement – Whether company suffered losses – Whether director intended to indemnify company – Whether director expressly undertook in personal capacity to make good any losses suffered by company – Whether letter of indemnity a legally binding and enforceable document – Whether letter of indemnity supported by valid considerations

COMPANY LAW: Separate legal entity – Board of directors – Whether holding company and subsidiary company separate legal entities – Board of directors’ resolution of holding company discharging director’s obligations under letter of indemnity – Whether holding company could write off debts of subsidiary company – Whether waiver of director’s obligation under letter of indemnity at holding company’s board of directors’ meeting invalid – Whether board resolution of parent or holding company binding on subsidiary company

COUNSEL & SOLICITOR:
Lim Kian Leong (Foo Siew Yin with him) (Lim Kian Leong & Co) for the defendant.

HIGH COURT

PARTNERSHIP: Liabilities of partners – New partners – Firm of advocates and solicitors – Negligence and breach of contract – Company’s cause of action stemmed from firm’s act of issuing drawdown advice resulting in losses – Whether new partners were partners of firm at material time – Whether offence committed before new partners admitted as partners – Partnership Act 1961, s. 19(1) – Whether court has discretion to evaluate facts to determine liability of partner – Rules of Court 2012, O. 77 r. 4

CIVIL PROCEDURE: Striking out – Res judicata – Applicability – Whether instant suit one of several suits involving same subject matter – Whether cause of action obviously unsustainable – Whether action ought to be struck out – Rules of Court 2012, O. 18 r. 19(1)(a), (b) (d)

LIMITATION: Action – Accrual of – Starting point from which cause of action would run – Applying tests in Kamariyah Hamdan and Abdul Aziz Hassan – Whether more than six years had elapsed – Whether claim statute barred – Limitation Act 1953, s. 6(1)

COUNSEL & SOLICITOR:
Chan Kah Meng (Tan Wei Wei with him) (Lim Kian Leong & Co) for the appellant.

COURT OF APPEAL (PUTRAJAYA)

Whether Plaintiff’s claim for items of the Third Party Notice should be allowed – Whether res judicata apply to preclude Third Party B from raising limitation as a defence against the plaintiff’s claim – Whether the Plaintiff’s claim is time barred – Whether Plaintiff can approbate and reprobate – Whether the learned judge’s finding of negligence against Third Party A and B is sustainable – Whether the alleged forgery of the 3rd defendant’s signature of the impugned documents has been established – Distinction between documents required by law to be attested and documents not required by law to be attested

COUNSEL & SOLICITOR:
Janet Tang Yii Chi (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Case concerns an application by Plaintiff for summary judgment against the Defendants – Law on Summary Judgment – Whether the action taken against Defendants by the Plaintiff is proper