COUNSEL & SOLICITOR:
Janet Tang Yii Chi (Lim Kian Leong & Co) for the plaintiff.
HIGH COURT
Case concerns an application by Plaintiff for summary judgment against the Defendants – Law on Summary Judgment – Whether the action taken against Defendants by the Plaintiff is proper
COUNSEL & SOLICITOR:
Terence Chan Kah Meng (Lim Kian Leong & Co) for the defendant.
HIGH COURT
Striking Out Application – Order 18 r.19 of the Rules of Court 2012 – Definition of Accord and Satisfaction
COUNSEL & SOLICITOR:
Lim Kian Leong (Alvin Oh Seong Yew, Foo Siew Yin & Goh Gin Jhen with him) (M/s Sia Siew Mun & Co) for the respondents.
FEDERAL COURT (PUTRAJAYA)
PARTNERSHIP: Winding-up – Setting aside – Requirement of having more than five members at time of presentation of petition – Whether Bankrupt partner considered member in partnership – Whether remaining partners in partnership had locus standi and cause of action – Whether Winding-up order valid and proper – Companies Act 1965, ss. 314 & 315 – Partnership Act 1961, ss. 41 & 47 – Partner in partnership entered assignment Agreement with assignee – Whether assignee deemed as partner for purpose of ascertaining number of partners during presentation of petition – Companies Act 1965, s. 314(2)
COMPANY LAW: Winding-up – Unregistered Companies – Partnership with more than five members – Whether unregistered Company – Whether creditor’s petition or partner’s petition – Whether partnership could be wound-up – Companies Act 1965, ss. 314 & 315 – Partnership Act 1961, ss. 41 & 47
COUNSEL & SOLICITOR:
Tan Keng Teck (Foo Siew Yin with him) for the Defendant.
HIGH COURT
Whether the Agency Agreement can be terminated as provided in clause 12.2 by giving 14 working days’ written notice and without having to assign any reason therefore – Section 158 & 159 of the Contracts Act – Section 74 of the Contracts Act- Whether Plaintiff is entitled to damages for loss of reputation as a result of a breach of the Agency Agreement – Whether Plaintiff is entitled to aggravated damages – Whether Plaintiff is entitled to exemplary damage
COUNSEL & SOLICITOR:
Lim Kian Leong (Tan Wei Wei, Chris Lim Su Heng, Nur Khidmah bt Hazaisham and Colin Liew with him) (Chris Lim Su Heng) for the respondent.
FEDERAL COURT (PUTRAJAYA)
Company Law — Directors’ duties to act in best interest of company in divestments company’s shareholding — Whether directors acted in breach of statutory duties as set out in s 132(1) of the Companies Act 1965 — Whether there was dishonest assistance in various breaches of duty owed — Whether there was conspiracy by lawful and/or unlawful means to injure company vide divestments — Whether there were acts or omissions that caused company to suffer loss and damage in relation to divestments — Whether directors in breach of fiduciary, statutory or common law duties — Whether directors failed to act in best interest of company — Whether such failure caused losses and damages to company
COUNSEL & SOLICITOR:
Tan Keng Teck (Keneth VK Liew with him) (Lim Kian Leong & Co) for the plaintiff.
COURT OF APPEAL (PUTRAJAYA)
Companies and Corporations — Winding up — Petition — Two separate winding up petitions filed against appellant — Court for first petition adjourned hearing after date fixed for second petition — Court for second petition granted winding up order against appellant and appointed liquidators — Court for first petition ordered second winding up order and appointed another liquidator to take precedence over liquidators appointed under second petition — Whether second winding up order may be granted where company had been validly wound up.
COUNSEL & SOLICITOR:
Tan Keng Teck (Lim Kian Leong & Co) for the judgment creditor.
HIGH COURT (KUALA LUMPUR)
Evidence — Fresh or further evidence — Admission of, on appeal — Application for leave to adduce fresh evidence — Whether JC exercised reasonable diligence in trying to get documents he wanted to introduce as fresh evidence — Whether there were cogent reasons for application to be allowed
COUNSEL & SOLICITOR:
Lim Kian Leong (Paul Ngooi and Kenneth VK Liew with him) (Lim Kian Leong & Co) for the plaintiff.
COURT OF APPEAL (PUTRAJAYA)
Insurance — Construction of policy — Exemption clause — Insurance policy provided for insurer to indemnify insured against claims by clients for loss arising from fraudulent conduct of insured s employees — Claims for loss of money and five other specified items not covered by indemnity — Insurer refused to indemnify when insured to make good loss suffered by client arising from its employee s fraud — Whether High Court wrong to hold insurer right on ground insured s claim was claim for loss of moneys — Whether High Court’s interpretation denied insured of very peril it had insured against.
COUNSEL & SOLICITOR:
Lim Kian Leong (Bastian Vendargon, Gene Vendargon and Paul Ngooi with him) (Lim Kian Leong & Co) for the plaintiff.
COURT OF APPEAL (Putrajaya)
Tort —Professional Negligence — Legal profession — Defendant alleged former solicitors negligent in handling case- Defendant aggrieved by Order of High court- Former solicitors filed notice of appeal against Order- Defendant appointed new solicitors- New solicitors filed application to set aside Order and withdrew notice of appeal filed by former solicitors- Court dismissed application to set aside Order on basis of wrong mode used- Whether solicitors negligent in handling suit — Whether principle of novus actus interveniens ought to be applied- Whether former solicitors negligent and liable for damages.
COUNSEL & SOLICITOR:
Tan Keng Teck (Lui Kar Yee and Mohamad bin Burok with him)(Lim Kian Leong & Co) for the second defendant.
HIGH COURT (KUALA LUMPUR)
Banking — Banks and banking business — Islamic banking — Bank granted facility to borrower under principle of Al-Bai Bithaman Ajil — Hibah — Default in payment by borrower — Action taken by borrower’s managing director and principal shareholder — Whether there was locus standi to initiate action — Allegations instruments not in conformity with the Shariah principle of financing — Whether proved — Whether Al-Bai Bithaman Ajil transactions infringed ss 67 and 67A of the Companies Act 1965 — Whether transactions entered into between tainted with duress, coercion, threats and misrepresentation.