BANK KERJASAMA RAKYAT MALAYSIA v. DAYA PLAZA SDN BHD; EMPIRE POSSESSION SDN BHD (INTERVENER) [1998] 5 CLJ 79

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

SIME DIAMOND LEASING (MALAYSIA) SDN. BHD. v. J.B. PRECISION MOULDING INDUSTRIES SDN. BHD. [1997] 2 CLJ 775

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

PETER YEOW YEW TECK v. CHENG SIM MENG [1997] 5 CLJ 449

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

FOUR SEAS ENTERPRISE CORPORATION SDN. BHD. v. YAP YEAN CHEONG & ORS. [1996] 2 CL 895

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.

J.B. PRECISION MOULDING INDUSTRIES SDN. BHD. (DALAM LIQUIDASI) v. SIME DIAMOND LEASING (MALAYSIA) SDN. BHD. [1995] 3 BLJ 235 or 1 LNS 278

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

SCIENTEX INDUSTRIES BHD. v. TEOH CHIN KOK & ANOR. [1994] 4 CLJ 590

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.

INSAS BHD. v. NADINUSA SDN. BHD. [1992] 2 CLJ 562 (Rep) [1992] 4 CLJ 1859

COUNSEL & SOLICITOR:
For the plaintiff – Robert Lazar (Lim Kian Leong with him); M/s. Lim Kian Leong & Co.

High Court

CIVIL PROCEDURE: Injunction – Preventive relief – Discretion of the Court – Injunction – Whether transaction between parties contrary to Moneylenders Ordinance 1951 – Whether the defendant was an unlicensed moneylender – Whether contract being rendered unenforceable prevents defendant from claiming repayment – Injunction to restrain defendant from presenting petition to wind-up plaintiff – Sections 50, 51 of Specific Relief Act 1950 (Revised 1974) – Companies Act 1965.

S. PONNIAH S/O SINNIAH v. SIVALINGAM S/O S. PONNIAH & 9 ORS. [1991] 3 MTC 271 or [1991] 3 CLJ 468 (Rep) or [1991] 2 CLJ 1602

COUNSEL & SOLICITOR:
For the 4th to 8th defendants – Lim Kian Leong; M/s. Lim Kian Leong & Co.

High Court

Company Law: Shares – whether held by children on trust for father – beneficial ownership – doctrine of advancement – presumption – rebuttal – evidence – clear and distinct proof of trust – intention at time of allotment of shares – possession of share certificates – control of companies.

Equity: Doctrine of advancement – whether shares of company held in trust – beneficial interest – rebuttal – clear and distinct evidence of trust – intention at time shares were allotted.