Category: Current Law Journal

MALAYSIA BRITISH ASSURANCE BHD v. SIHAZKO SDN BHD & ORS [2004] 8 CLJ 423

editor

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

High Court

CONTRACT: Formation – Consideration – Whether exchange of mutual promises could constitute consideration – Contracts Act 1950, s. 2(e), (f)

CONTRACT: Consideration – Executory consideration – Whether good consideration – Contracts Act 1950, s. 2(d)

CONTRACT: Consideration – Mutual promises – Whether reciprocal promises – Whether exchange of mutual promises could constitute consideration – Contracts Act 1950, s. 2(e), (f)

CIVIL PROCEDURE: Action – Cause of action – Whether action involving recovery of a penalty or forfeiture or sum by way of penalty or forfeiture – Whether action merely recovery of a debt due and owing

TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2004] 3 CLJ 401

editor

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

High Court

CIVIL PROCEDURE: Amendment – Petition – Companies winding-up petition – Whether petitioners’ proposed amendments to petition barred by doctrines of res judicata and issue estoppel – Whether ‘new events’ via proposed amendments already determined on their merits before – Whether there would be abuse of process of court – Principles in amendment of pleadings – Whether also applicable to winding-up petitions – Companies Act 1965, s. 221(2)(e) – Rules of the High Court 1980, O. 20 rr. 5 & 7 – Injustice – Bona fides of application – Prejudice and compensation with costs – Character of suit

COMPANY LAW: Winding-up – Petition – Amendment – Whether petitioners’ proposed amendments to petition barred by doctrines of res judicata and issue estoppel – Whether ‘new events’ via proposed amendments already determined on their merits before – Whether there would be abuse of process of court – Principles in amendment of pleadings – Whether also applicable to winding-up petitions – Companies Act 1965, s. 221(2)(e) – Rules of the High Court 1980, O. 20 rr. 5 & 7 – Injustice – Bona fides of application – Prejudice and compensation with costs – Character of suit

TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2003] 1 CLJ 472

editor

COUNSEL & SOLICITOR:
For the 1st-9th respondents – Lim Kian Leong (Low Chi Cheng); M/s Lim Kian Leong & Co

High Court

COMPANY LAW: Winding-up – Petition – Application for injunction under petition – Whether allowable – Whether injunction could not be ordered in the course of winding-up petition – Jurisdiction – Whether beyond jurisdiction of court to give injunctive orders unrelated to petition – Companies Act 1965 ss. 218, 221 – Rules of High Court 1980 O. 29 rr. 1, 2

CIVIL PROCEDURE: Action – Commencement – Petition for winding-up – Application for injunction under petition – Whether allowable – Whether constituted wrong mode of commencement – Rules of High Court 1980, O. 29 rr. 1, 1 – Companies Act 1965 s. 218, 221

TAN KIM HOR v. TAN CHONG & MOTOR COMPANY SDN BHD & ORS [2003] 2 CLJ 434

editor

COUNSEL & SOLICITOR:
For the 6th defendant – Lim Kian Leong; M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Judge – Application to disqualify judge – Judge made adverse findings of fact against plaintiff in earlier action – Whether judge should recuse herself from hearing plaintiff’s subsequent action against same defendants – Application of ‘real danger of bias’ test – Whether adverse comments on conduct of plaintiff in earlier action gave rise to real danger of bias in subsequent action – Whether application to disqualify judge amounted to contempt of court

CIVIL PROCEDURE: Contempt of court – Application to disqualify judge – Whether amounts to contempt of court