Category: Malayan Law Journal

COUNSEL & SOLICITOR:
Lim Kian Leong (Carole Ngu with him) (Lim Kian Leong & Co) for the plaintiff.

COURT OF APPEAL (Putrajaya)

Civil Procedure- Limitation – Action against advocate for negligence- Pleadings- Parties bound by- Whether omission fatal- Legal Profession- Advocate and solicitor- Counsel failing to attend court for hearing resulting in suit being struck out- Whether action against counsel time barred- Whether cause of action arose on date of failure to attend court or when opportunity to file afresh/reinstate was lost- Whether cause of action to ‘sue for loss of chance’ commences immediately- Assessment of damages for ‘loss of chance’- Tort- Professional negligence.

COUNSEL & SOLICITOR:
KM Chan (Paul Ngooi with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Insurance – Insurance broker – Liability under policy – Indemnity against any claim – Insurance broker defrauded by employee – Overpayment of insurance premiums taken out by bank – Notification of potential claim under policy – Liability to indemnify losses suffered as consequence of employee’s fraudulent actions

COUNSEL & SOLICITOR:
KT Tan (Vincent Tan with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Land Law – Acquisition of land – Compensation – Objection against adequacy of compensation – Delay – Estoppel – Application to enlarge time to file objection – Objection raised six years after issuance of Forms G and H – Land owner having accepted full payment of award without protest – Whether land owner estopped from making objection – Whether special circumstances existed to enlarge time – Land Acquisition Act 1960 ss 29, 30(b), 37 & 38(4)

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei with him) (Lim Kian Leong & Co) for the plaintiff.

HIGH COURT

Companies and Corporations – Winding up – Application for – Petition under s 218 – Elaborate scheme established to meet statutory requirements – Whether agreements entered into by parties illegal ab initio – Whether executed to circumvent statutory requirements – Public policy – Whether company illegal – Whether company must be wound up – Whether court should assist – Companies Act 1965 s 218(1)(f) & (i)

COUNSEL & SOLICITOR:
Lim Kian Leong (KS Cheah with him) (Lim Kian Leong & Co) for the defendant

HIGH COURT

Tort – Negligence – Damages – Claim against solicitor – Document of title deposited to solicitor – Allegation that solicitor mishandled issue document of title – Whether document misplaced – Plaintiff entered into sales and purchase agreement of land – Sale of land aborted – Sales and purchase agreement with intending purchaser terminated – Whether solicitor negligent – Whether misplaced document caused sales of land to be aborted and sales and purchase agreement to be terminated – Whether misplaced document contributed by plaintiff

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei with him) (Lim Kian Leong & Co) for the first defendant.

HIGH COURT

Trusts and Trustees – Breach of – Fiduciary duty – Investment monies placed with fund manager siphoned off – Whether fund manager could escape vicarious liability for fraudulent actions of employee – Whether custodian of funds appointed by fund manager liable to investor for breach of fiduciary duties and negligence – Whether relationship between custodian and investor gave rise to fiduciary duty and duty of care – Whether fund manager rather than custodian bore greater degree of liability for loss to investor

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

High Court

Tort – Defamation – Libel – Plaintiff claimed letter written by defendant and addressed to liquidator’s representative (‘impugned letter’) defamatory of plaintiff – Whether impugned letter made reference to plaintiff – Whether there was publication of impugned letter – Whether impugned letter read as a whole was defamatory – Defences – Absolute privilege – Whether impugned letter part of quasi judicial proceedings – Qualified privilege – Whether proven – Whether defendant had moral duty to bring irregularities to attention of liquidators – Damages – Assessment of

COUNSEL & SOLICITOR:
For the 1st respondent – Lim Kian Leong & Paul Ngooi; M/s Lim Kian Leong & Co

High Court

Petition – Schemes of arrangement – s 176(3), Companies Act 1965

COUNSEL & SOLICITOR:
For the defendant-Low Chi Cheng & Sharifah Nadia Al-Jafh; M/s Lim Kian Leong & Co

High Court

Building and Construction Law – Insurance – Tort – Negligence – Evidence – Deficient design alleged – Negligent act alleged – Whether plaintiff can claim under Insurance policy – Limiting terms in insurance policy – Expert evidence – Evidence Act 1950 s114(g)

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

High Court

Breach of contract – Syndicated lending – Relationship between Agent, Co-lender and borrower – Duty of good faith & fair dealing