Tong Chor Say & Ors v Batang Malaka Rubber Estate Sdn Bhd & Ors [2009] 5 MLJ 224

COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Keng Teck with him) (Lim Kian Leong & Co) for the second to eighth respondents

High Court

Companies and Corporations – Members’ rights – Oppression – Petition for relief – Company’s decision not to subscribe to rights issue – Whether decision was in interest of members and company – Whether company’s affairs had been conducted in a manner oppressive to minority shareholders – Companies Act 1965 s 181

Dato’ Tan Heng Chew v Tan Kim Hor & Ors [2008] 7 MLJ 184

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

High Court

Civil Procedure – Pleadings – Amendment – Delay of 1 year and 7 months – Whether a tactical manoeuvre amounted to abuse of process of court – Whether application for amendment allowed – Principles governing amendment of pleadings – Rules of the High Court 1980 O 20 r 5

Civil Procedure – Pleadings – Amendment – Statement of Claim – Amendment sought after case management with benefit of the defendants’ submissions – Amendment to show innuendo – Whether an attempt to introduce extrinsic evidence

Malaysia Discount Berhad and Others v Pesaka Astana (M) Sdn Bhd and Others [2008] MLJU 305

COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Kian Leong & Co.) for the 1st to 9th respondents

Court Of Appeal

Issue : This was an appeal against the decision of the High Court at Kuala Lumpur given on 4 April 2007 by the appellants (the plaintiffs) whereby the High Court ordered variations of Mareva Injunctions previously granted which restrained the respondents (the 1st, 4th, 6th to 12th defendants) from dissipating their assets pending trial of the civil suit