COUNSEL & SOLICITOR:
(Civil Appeal No: W-02-448-2004) For the appellant – Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Wong Chun- Keat with him); M/s Lim Kian Leong & Col (Civil Appeal No: W-02-448-2004) For the appellant – Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Wong Chun- Keat with him); M/s Lim Kian Leong & Co
(Civil Appeal No: W-02-448-2004) For the appellant – Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Wong Chun- Keat with him); M/s Lim Kian Leong & Co
Court Of Appeal
COMPANY LAW: Members’ rights – Locus standi – Illegal or unlawful acts by company – Whether shareholder had locus standi to challege illegal or unlawful acts of company
CIVIL PROCEDURE: Parties – Locus standi – Test for determining locus standi
COMPANY LAW: Members’ rights – Locus standi – Test for determining locus standi
CIVIL PROCEDURE: Striking out – Discretion of court – Whether court may order an amendment instead of striking out a pleading – Circumstances when court should order a pleading struck out – Whether power to direct amendments under O. 18 r. 19 RHC 1980 a separate and distinct power from power to permit amendment under O. 20 RHC 1980
CIVIL PROCEDURE: Striking out – Discretion of court – Failure of High Court to consider whether pleading could be saved by amendment – Whether High Court in error – RHC 1980, O. 18 r. 19
CIVIL PROCEDURE: Costs – Plaintiff to pay costs – Defendants put to expense by plaintiff – Whether plaintiff obliged to compensate defendants
CIVIL PROCEDURE: Amendment – Appellate stage – Whether Court of Appeal empowered to order amendments to pleading on appeal – Rules of the Court of Appeal, r. 76
CIVIL PROCEDURE: Appeal – Appeal to Court of Appeal – Power of Court of Appeal to order amendments – Rules of the Court of Appeal, r. 76