Ponniah V Sivalingam & Ors [1991] 3 MLJ 190

Lim Kian Leong for the fourth to eighth defendants

High Court

Trusts and Trustees – Presumption of gift and advancement – Shares allotted to parties – Share certificates retained by donor – Whether donor had intention to give shares to children and wife – Whether evidence given by donor admissible

Civil Procedure – Summary judgment application – Declaration sought – Whether court has jurisdiction to grant declaration

Dunlop Malaysia Industries Bhd V Pernas-Sime Darby Sdn Bhd & Ors [1985] 2 MLJ 101

Chan Hua Eng ( Lim Kian Leong with him) for 2nd, 3rd and 4th defendants

High Court

Contract – Joint venture agreement – Transfer of shares – Pre-emptive procedure – Manufacturing licence – Condition restricting freedom of share transfers – Equity holdings of participating companies – Whether transfers increasing holdings of a company infringe condition – Declarations whether ought to be granted to plaintiffs Companies Act 1965, s 179

Foo Jong Wee & Ors v Hj Afifi Hj Hassan [2016] 6 MLJU 1673

Lim Kiang Leong (Tan Wei Wei with him) (Lim Kian Leong & Co) for the respondent.


COMPANY LAW: Winding up – Petition – Just and equitable grounds – Restructuring of company to comply with statutory requirements – Majority of shares vested in Bumiputeras – Whether restructuring agreement intended to circumvent statute and illegal – Petitioner participated and benefited from illegal arrangement – Whether just and equitable for company to be wound up – Registration of Engineers Act 1967, ss. 7A(3), 10(4)

Tan Sri Dato’ Tajudin bin Ramli & anor v Technology Resources Industries Bhd [2016] 6 MLJ 486

Lim Kian Leong & Co for the appellants.


Companies and Corporations — Directors — Compensation — Loss of office — Compensation payments and enhancement of remuneration package made to directors — Whether made with sanction of Board of Directors — Whether directors retired or terminated — Whether there was justification for enhancing remuneration package — Whether directors in breach of fiduciary duties — Companies Act 1965 ss 137(1) & (5)

Press Metal Sarawak Sdn Bhd v Etiqa Takaful Bhd [2016] 5 MLJ 417

Lim Kian Leong (Justin Voon, Alvin Lai and Goh Gin Jhen with him) (Justin Voon Chooi & Wing) for the appellant.


Arbitration — Arbitration clause — Insurance policy — Interpretation — Arbitration Act 2005 s 10 — Whether arbitration clause part of contract of insurance — Whether null — Whether capable of being performed — Whether all matters capable of being subjected to arbitration — Whether disputes came within scope of s 10(1)(b) of the Arbitration Act 2005

Tan Poh Lee v Tan Kim Choo Holdings Sdn Bhd & Anor [2016] MLJU 679

Terrence Chan Kah Meng (Lui Kar Yee with him) (Lim Kian Leong & Co) for the contributory.


Winding up Petition – Section 218 Companies Act 1965 – Rule 35 of the Companies (Winding Up) Rules 1972 – Setting aside ex parte appointment of Provisional Liquidator – Material misrepresentations and non-disclosure of material facts by the Petitioner – Distress –Whether there is risk of dissipation of assets

Bina Mekar Sdn Bhd v Director of Irrigation and Drainage Federal Territory Kuala Lumpur & Ors [2016] MLJU 1513

Tan Keng Teck (Marcus Tan with him) (Lim Kian Leong & Co) for the defendant.


CIVIL PROCEDURE: Injunction against government and its officers – Whether injunction could be imposed against government and its officers – Government Proceedings Act 1956, s. 29 – Specific Relief Act 1950, s. 54(d) – Whether calling of performance bond was within contractual parameter – Whether calling of performance bond was actuated by bad faith – Whether unconscionability needs to be established in strict sense

CONTRACT: Whether there was necessity on part of beneficiary to prove default of contractor in performance of contract – Whether insurer was obliged to investigate validity of demand made by beneficiary – Whether liability of insurer arose upon receipt of demand