Category: Malayan Law Journal

COUNSEL & SOLICITOR:
CC Low (Lim Kian Leong & Co) for the defendants

High Court

Civil Procedure – Third party proceedings – Striking out defendant’s claim against receivers – Question of issue relating to or connected with the original subject matter – Whether necessary for cause of action to exist – Rules of the High Court 1980 O 16 r 1(1)(c) Companies and Corporations – Receivership – Duties of receiver – Whether receiver owed a duty of care to borrower and/or to guarantors – Whether the receiver owed duty to borrower and/or guarantors to account for all rentals and receivables collected by receiver

COUNSEL & SOLICITOR:
FY Lim (Lim Kian Leong & Co) bagi pihak pemohon

High Court

Civil Procedure – Writ/prerogative order – Certiorari – Application to obtain leave made overseas – Whether the computing of 6 weeks period as stipulated under O53 r1A Rules of the High Court 1980 begins from the date the decision was made or from the date the decision was received by the applicant- Rules of the High Court 1980 O53A r1A

COUNSEL & SOLICITOR:
FY Lim (Lim Kian Leong & Co) bagi pihak pemohon

High Court

Civil Procedure – Affidavit – Defective Affidavit – Affidavit affirmed by applicant in Bahasa Melayu before notary public in England- No evidence to show applicant and notary public understood Bahasa Melayu- Whether affidavit is acceptable- Whether affidavit is only defective in form – Whether afidavit translated into English is acceptable – Rules of the High Court 1980 O 41 r 4

COUNSEL & SOLICITOR:
Lim Kian Leong (Lim Fung Yin with him) (Lim Kian Leong & Co) for the appellant

Court Of Appeal

Statutory Interpretation – Duty of court – Hardship – Whether court could follow a construction of a statute that would cause great hardship to general public

Unincorporated Associations – Societies – Co-operative society – Assumption of control by order of Central Bank – Transfer of assets and liabilities of co-operative society to third party by order of Central Bank – Subsequent agreement between parties to exclude transfer of liability – Whether third party could be made liable to liability excluded by the agreement – Whether agreement had validly excluded such liability – Central Bank of Malaysia (Kewangan Usahasama Makmur Bhd Scheme) Order 1988

COUNSEL & SOLICITOR:
Chang Mun Fong (Low Chi Cheng with her) (Lim Kian Leong & Co) for the appellant

Federal Court

Companies and Corporations – Winding up – Undue preference – Whether set-off pursuant to lease agreement was undue preference – Disposition within meaning of s 223 of Companies Act 1965 – Whether relevant date is date of set-off and not date of transaction – Companies Act 1965 ss 223 & 293 – Bankruptcy Act 1967 s 53(1)

Companies and Corporations – Winding up – Right to set off – Whether right of set-off would give lessor undue preference over other creditors contrary to s 293 of Companies Act 1965 and s 53(1) of the Bankruptcy Act 1967 – Whether provisions of agreement which give right of set-off should be struck down

COUNSEL & SOLICITOR:
Low Chi Cheng (Lim Kian Leong & Co) for the respondent

High Court

Issue : filing of notice of appeal against decision of subordinate court

COUNSEL & SOLICITOR:
Chang Mun Fong with C C Low (Lim Kian Leong & Co) for the respondent

High Court

Issue : Inability to pay debts

COUNSEL & SOLICITOR:
Chang Mun Fong (Low Chi Cheng with her) (Lim Kian Leong & Co) for the appellant

Court Of Appeal

Bankruptcy – Property available for distribution – Deposits made under lease agreement – Deposits paid before commencement of winding-up proceedings – Whether deposits made to secure performance of lease could be set off against monies due after commencement of winding-up – Whether set-off resulted in undue preference – Whether property in deposits passed to appellant on date of lease or date of winding up or date of set-off – Whether s 41 of Bankruptcy Act 1967 validated set-off – Companies Act 1965 s 223, 233 & 293 – Bankruptcy Act 1967 ss 2, 41 & 53(1)

Companies and Corporations – Winding up – Creditor’s claim – Deposits paid before commencement of winding-up proceedings – Whether deposits made to secure performance of lease could be set off against monies due after commencement of winding-up – Whether set-off resulted in undue preference – Whether property in deposits passed to appellant on date of lease or date of winding up or date of set-off – Whether s 41 of Bankruptcy Act 1967 validated set-off – Companies Act 1965 s 223, 233 & 293 – Bankruptcy Act 1967 ss 2, 41 & 53(1)

COUNSEL & SOLICITOR:
Chang Mun Fong and Low Chi Cheng (Lim Kian Leong & Co) for the respondent

High Court

Companies and Corporations – Winding up – ‘Act relating to property’ – Company paid security deposit under lease agreement to lessor – Creditors of company later commenced winding-up proceedings against company – Lessor utilized deposit to set off unpaid lease rentals after commencement of winding-up proceedings – Whether it was an act relating to property – Whether act void – Companies Act 1965 ss 223, 233 & 293

Words and Phrases – ‘Act relating to property’ – Companies Act 1965 s 293

Words and Phrases – ‘Disposition’ – Companies Act 1965 s 223

COUNSEL & SOLICITOR:
Chang Mun Fong (Lim Kian Leong & Co) for the defendants

High Court

Issue : Register of the transfer of shares