Category: Current Law Journal

COUNSEL & SOLICITOR:
For the plaintiffs – Lock Wan Ling; M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Costs – Security for costs – Application by defendant – Merits of plaintiff’s case – Whether sufficient to resist application

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

High Court

CIVIL PROCEDURE: Summary judgment – Appeal – Plaintiff’s claim for conversion of cheques – Whether there were triable issues – Whether affidavit in support of summary judgment defective – Whether summary judgment should have been granted

CIVIL PROCEDURE: Affidavits – Defective affidavit in application for summary judgment – Failure of plaintiff to apply for leave of court – Rules of the High Court 1980, O. 14 rr. 4 and 7(1) – Whether affidavit could be used to support application for summary judgment

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

High Court

LAND LAW: Charge – Chargee’s duty to chargor – Sale of Malay reservation land by public auction – Whether proclamation of sale and advertisement ought to state that non-Malays may purchase land also – Whether failure to do so amounts to a misdescription – Whether failure to do so amounts to breach of duty of care owed by chargee to chargor – Whether chargor must prove loss suffered – Failure by chargor to produce valuation report to show land sold at an undervalue – Whether sale by public auction ought to be set aside

LAND LAW: Sale of land – Auction – Setting aside sale by public auction – Undertaking by chargor to postpone auction dishonoured – Whether good grounds for setting aside public auction – Whether chargee should have checked if auction postponed – Whether sale by public auction ought to be set aside

LAND LAW: Sale of land – Auction – Sale of Malay reservation land by public auction – Whether proclamation of sale and advertisement ought to state that non-Malays may purchase land also – Whether failure to do so amounts to a misdescription – Whether failure to do so amounts to breach of duty of care owed by chargee to chargor – Whether sale by public auction ought to be set aside

COUNSEL & SOLICITOR:
For the appellant – Chang Mun Fong; M/s. Lim Kian Leong & Co.

Court Of Appeal

COMPANY LAW: Winding-up – Deposit paid for lease of machinery – Company wound up – Deposit paid before commencement of winding-up proceedings -Whether deposit paid could be set-off – Whether set-off resulted in undue preference – Whether property in deposits passed to leasee – Whether on date of leasing – Whether property in deposits passed to leasee on date of winding-up or on date of set-off – Whether set-off valid – Whether deposits to revert to liquidator for distribution – Consideration of ss. 223, 233 & 293 of the Companies Act 1965 – Application of ss. 2, 41 & 53(1) of the Bankruptcy Act 1967

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

High Court

CIVIL PROCEDURE: Appeal – Notice of appeal – Filing of – Whether to be filed in registry of High Court – Whether to be filed in registry of court appealed from – Order 49 r. 6(2) Subordinate Courts Rules 1980 – Scope and effect

WORDS & PHRASES: "Time limited for the filing of appeal to the Registrar of the High Court" – Order 49 r. 6(2) Subordinate Courts Rules 1980 – Proper meaning of

COUNSEL & SOLICITOR:
Chang Mun Fong with C C Low (Lim Kian Leong & Co) for the respondent.

High Court

Issue is on winding up

COUNSEL & SOLICITOR:
For the defendants – Chang Mun Fong; M/s. Lim Kian Leong & Co.

High Court

COMPANY LAW: Rectification of register of members of company – Transfer of shares into transferee’s name – Whether directors of company can refuse to register transferee’s name – Whether powers in articles properly exercised – Delay in seeking relief from Court – Whether laches – Section 162 Companies Act 1965.

COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co) for the second defendant.

High Court

Issue is multiplicity of proceedings

COUNSEL & SOLICITOR:
For the respondent – Chang Mun Fong (Low Chi Cheng with her); M/s. Lim Kian Leong & Co.

High Court

COMPANY LAW: Winding-up – Lease agreement – Security deposit paid – Winding-up petition presented – Security deposit retained by lessor – Whether act caught by ss. 223, 233 and 293 Companies Act, 1965 – Whether property in deposit had passed.

LANDLORD AND TENANT – Lease agreement – security deposit – refundable

CIVIL PROCEDURE – Application for deposit and interest

COUNSEL & SOLICITOR:
For the applicant – M.F. Chang (K.M. Chan with her); M/s. Lim Kian Leong & Co.

High Court

INDUSTRIAL LAW: Claim for unfair dismissal – Company not present for hearing – Industrial Court determining claimant’s case and making award – Claimant awarded backwages and compensation in lieu of reinstatement – Company applying for writ of certiorari to quash award made by Industrial Court.