Category: Malayan Law Journal

COUNSEL & SOLICITOR:
Lim Kian Leong (Chan Kah Meng with him) (Lim Kian Leong & Co) for the respondent

Court Of Appeal

Banking – Banks and banking business – Collection of ‘Account Payee Only’ cheque – Duty of collecting bank – Who is the ‘true owner’ – Whether the respondent bank acted in reckless disregard of the clear mandate to the loss and detriment of the named payee and true owner – Whether the respondent as collecting bank liable to the true owner of the cheques for conversion and money had and received

COUNSEL & SOLICITOR:
KM Chan (Lim Kian Leong & Co) for the intervenor

High Court

Civil Procedure – Affidavits – Use of affidavit filed in previous proceedings – No affidavit in rebuttal to present application filed – Whether exhibit can be relied upon to contest present application – Whether O 32 r 13(2) of the Rules of the High Court 1980 must be strictly complied

COUNSEL & SOLICITOR:
CC Low (Lim Kian Leong & Co) bagi pihak plaintif

High Court

Civil Procedure – Cost – Re-evaluation of Registrar’s Certificate – Application to re-evaluate made by Plaintiff before the signing of Registrar’s Certificate- Whether application was made premature- Whether Plaintiff is allowed to make fresh application if the previous application is made prematurely – Rules of the High Court 1980 O59 r 36(2)

COUNSEL & SOLICITOR:
Lim Kian Leong (M/s Lim Kian Leong & Co)

High Court

Issue : Summary judgment

COUNSEL & SOLICITOR:
W L Lock (M/s Lim Kian Leong & Co)

High Court

Labour Law – Industrial Court – Discretion of Minister – Refusal to refer representation to Industrial Court – Whether decision should be quashed – Whether applicant retrenched or dismissed

COUNSEL & SOLICITOR:
K T Tan (Lim Kian Leong & Co) for the defendant

High Court

Issue : setting aside sale by public auction

COUNSEL & SOLICITOR:
Lim Kian Leong bagi pihak plaintif/responden

High Court

Issue : damages for fraud, misrepresentation, conspiracy

COUNSEL & SOLICITOR:
Lock Wan Ling( Lim Kian Leong & Co) for the plaintiffs.

High Court

Civil Procedure – Security – Security for plaintiff’s costs – Plaintiff not in liquidation – Whether s 223 of Companies Act 1965 can be invoked to question disposition of plaintiff’s property by receiver and manager – Absence of affidavit evidence setting out merits of case to resist application for security for cost – Whether application to be allowed

COUNSEL & SOLICITOR:
Lim Kian Long (Lim Su Kun with him) (Lim Kian Long & Co) for the applicant

High Court

Administrative Law – – Declaration – Application for – Applicant’s land gazetted to be subject of intended acquisition pursuant to development agreement – Intended acquisition lapsed – Government subsequently gazetted its withdrawal of intended acquisition – Application for declaration that development agreement was null and void – Application filed after withdrawal of intended acquisition – Whether matter of application highly hypothetical

Civil Procedure – Locus standi – Declaration and injunctive relief against government – Applicant’s land gazetted to be subject of intended acquisition pursuant to development agreement – Applicant not a party to development agreement – Application filed after withdrawal of intended acquisition – Whether applicant has sufficient interest to seek declaration

COUNSEL & SOLICITOR:

Lim Kian Leong (Lim Kian Leong) for the plaintiffs

High Court

Issue : "suspension" of director and whether due to the "suspension" subsequent resolutions that was passed were valid