Category: Current Law Journal

COUNSEL & SOLICITOR:
(Civil Appeal No: W-02(IM)-816-04-2012 ) for the appellant – Low Chi Cheng (Sharifah Nadia Al-Jafri with her); M/s Lim Kian Leong & Co

COURT OF APPEAL

CIVIL PROCEDURE: Striking out – Application for – Petition under s. 181 Companies Act 1965 – Whether obviously unsustainable – Reference to arbitration – Similar issues ventilated during arbitration – Allegation of – Whether issue of res judicata arose – Final arbitration award – Whether arbitration clause could oust statutory jurisdiction under s. 181 – Whether intercession of final award altered essential nature of interlocutory applications – Whether hearing of petition prejudiced appellants – Rules of the High Court 1980, O. 18 r. 19(1)

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

High Court

CIVIL PROCEDURE: Trial – Witness – Examination of witness – Application under O. 39 rr. 1 and 2 Rules of the High Court 1980 – Depositions to be taken – Person examined out of jurisdiction – Whether witness abroad unwilling to give evidence at trial – Whether application ought to be granted

EVIDENCE: Witness – Examination of witness – Application under O. 39 rr. 1 and 2 Rules of the High Court 1980 – Depositions to be taken – Person examined out of jurisdiction – Whether witness abroad unwilling to give evidence at trial – Whether application ought to be granted

COUNSEL & SOLICITOR:
For the plaintiff – Tan Keng Teck (Rohana Ngah with him); M/s Lim Kian Leong & Co

High Court

CIVIL PROCEDURE: Summary judgment – Appeal against – Triable issues – Whether raised

CIVIL PROCEDURE: Affidavits – Contents – Exhibit A annexed to affidavit in support – Document contained Chinese handwritings – Whether clear without national language translation – Rules of the High Court 1980, O. 92 r. 1

CONTRACT: Guarantee – Letter of guarantee – Second defendant signed a letter of guarantee – Whether there was consideration for plaintiff granting loan to first defendant – Failure of first defendant to repay loan – Whether second defendant shall be made liable – Whether there was a contract in existence between parties

CIVIL PROCEDURE: Summary judgment – Appeal against – Plaintiff granting friendly loan to defendants – Failure to repay loan – Allegations of friendly loan illegal moneylending transaction – Whether substantiated – Whether plaintiff operating a moneylending business – Whether plaintiff a moneylender – Whether plaintiff rebutted presumption as set out in s. 3 Moneylenders Act 1951

CIVIL PROCEDURE: Summary judgment – Appeal against – Second defendant’s denial of signing letter of guarantee – Allegations of forgery – Failure to lodge a police report – Whether construed as bare allegations

COUNSEL & SOLICITOR:
For the appellants – Lim Kian Leong (Sia Siew Mun, Wong Yoke Peng, Tan Shin Shin & Rohana Ngah with him); M/s Lim Kian Leong

Federal Court

CIVIL PROCEDURE: Appeal – Federal Court – Appellants sought to disqualify solicitors for respondents – Proposed test raised before Federal Court was not canvassed before courts below – Whether Federal Court should hear appeal

COUNSEL & SOLICITOR:
For the Plaintiffs – Lim Kian Leong, assisted by Tan Shin Shin; M/s Lim Kian Leong & Co

High Court

Issue is on the application by the Plaintiff’s for an interlocutory injunction

COUNSEL & SOLICITOR:
Mr. Terence K.M. Chan assisted by Miss Tan Shin Shin from Messrs Lim Kian Leong & Co. The learned counsels for the Company

Industrial Court

Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967

COUNSEL & SOLICITOR:
Mr. K.M. Chan, (Ms. Sharon Lee with him), Messrs. Lim Kian Leong & Co., Counsel for the Company.

Industrial Court

Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967

COUNSEL & SOLICITOR:
(Civil Appeal No: 02-6-2005(W)) For the appellant – Lim Kian Leong (Sia Siew Mun, Wong Yoke Peng, Tan Shin Shin & Rohana Ngah with him); M/s Lim Kian Leong & Co

Federal Court

CIVIL PROCEDURE: Judicial precedent – Stare decisis – Whether Court of Appeal may disagree with judgments of Federal Court

CIVIL PROCEDURE: Judge – Judge to recuse himself – Whether "real danger of bias" needs to be shown – Whether test is objective or subjective in nature

COUNSEL & SOLICITOR:
For the respondents – Lim Kian Leong (Tan Shin Shin with him); M/s Lim Kian Leong & Co

High Court

COMPANY LAW: Winding-up – Petition – Withdrawal of – Whether there is specific rule in Companies Act 1965 or Companies (Winding-Up) Rules 1972 to govern withdrawal of petition which has yet to be served and for which there was no advertisement – Whether English principles on withdrawal of petition applicable in Malaysia

COMPANY LAW: Winding-up – Petition – Multiplicity or duplicity of petitions – Whether court can dismiss one of the petitions

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

High Court

COMPANY LAW: Winding up – Petition – Application to strike out – Multiplicity of proceedings – Two petitions presented by same petitioners upon similar grounds – Whether a duplicity of proceedings – Whether second petition must necessarily be struck out – Considerations – Whether more appropriate to stay second petition – Courts of Judicature Act 1956, s. 25(2) & para 11 of Schedule – Companies Act 1965, ss. 222, 218(1)(f), (i)