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Lim Kian Leong & Co.
   

Since we were founded in 1985 our firm and our lawyers ( including as counsel for other firms) have been involved in countless cases from Magistrates to Federal Court. Not every case is reported in the law journals. Only cases from the High Court, Court of Appeal and Federal Court are considered to be reported.

The selection is made by the editors of the respective journals and is based inter alia on whether the case involves matters of law or public interest which might be of interest to lawyers especially where the law is being developed. Compared to the number of cases handled by the Courts, in fact, relatively few are actually "reported".

Our firm and our lawyers have been involved in many such cases over the years and up to the end of 2010, we have had 80 cases reported in the Current Law Journal and 79 cases reported in the Malayan Law Journal. This is a high number for a firm of our size which reflects the nature and quality of the work under our care.

A list of these cases up to 2010 appears below and will be updated from time to time.

List of Cases Published in the Malayan Law Journal from 1985 to 2011

  Case Counsel & Solicitor Digest and Headnotes
1. Tanjung Rhu Land Sdn Bhd v Mamlaka Langkawi Sdn Bhd (Previously known as MAS Hotels & Boutique Sdn Bhd) [2010] 8 MLJ 514 or [2010] MLJU 49 Tan Keng Teck (Lim Kian Leong & Co) for the plaintiffs
High Court		 Issue – removal of caveat
2. Norman Disney & Young (suing as a firm) v Affifi bin Haji Hassan [2010] MLJU 543 Lim Kian Leong, Rachel Tan Pak Theen (Tetuan Lim Kian Leong & Co) for the applicant/defendant
High Court		 Issue : illegality in contract
3. Renault SA v Inokom Corp Sdn Bhd & Anor and other appeals [2010] 5 MLJ 394 KM Chan (Veronica Ong with him) (Lim Kian Leong & Co) for the appellant in Appeal No W-03–116 of 2004
Court Of Appeal		 Arbitration — Stay of proceedings — Application — Dispute in relation to performance and interpretation of agreement — Whether dispute fell within ambit of arbitration clause — Attempt to circumvent arbitration clause by instituting action against party to contract together with other third parties — Whether arbitration clause applicable — Whether applicable law Arbitration Act 2005 or Arbitration Act 1952

Arbitration — Stay of proceedings — Principles applicable — Whether granting of stay mandatory where requirements satisfied — Arbitration Act 2005 s 10

Civil Procedure — Striking out — Statement of claim — Claim for conspiracy — Failure to plead agreement to conspire and object of conspiracy — Whether cause of action in tort of conspiracy established — Whether statement of claim frivolous and vexatious — Whether fit and proper case for striking out

Tort — Conspiracy — Elements of — Agreement to injure must arise before unlawful act in execution of agreement — Alleged unlawful act said to have occurred in 2000 whereas conspiracy said to have occurred in 2001 — Failure to plead agreement to conspire and object of conspiracy — Whether cause of action for conspiracy established
4. Ngan & Ngan Holdings & Anor v Central Mercantile Corp (M) Sdn Bhd [2010] 1 MLJ 822 or [2009] MLJU 941 Lim Kian Leong (Ng TT, Keith Kwan and Rachel Tan Pak Theen with him) for the appellants
Court Of Appeal		 Companies and Corporations — Directors — Gratuity payment to director upon retirement — Decision in principle of holding company to give property belonging to its subsidiary to its former director in consideration of his retirement — Whether agreement in principle to give property to second defendant by way of gratuity for his past services valid and enforceable — Whether there was privity of contract between plaintiff and defendants — Whether relevant requirements under s 137(5) of the Companies Act 1965 complied with — Companies Act 1965 s 137(5)(a), (b), (c), (d), (e) — Rules of the High Court 1980 O14A
5. Dato' Tan Kim Hor & Ors v Tan Chong Consolidated Sdn Bhd [2009] MLJU 9 Lim Kian Leong (Tan Pak Theen with him) (Lim Kian Leong & Co) for the respondent
Court Of Appeal		 Issue : Inspection of accounts
6. Woodsville Sdn Bhd v Tien Ik Enterprises Sdn bhd & Ors [2009] MLJU 76 Lim Kian Leong (Ong Chee Kwan &Tan Keng Teck with him) (Lee Ong & Kandiah) for the appellant
Court Of Appeal		 Issues : The appeals are against the decision of the Judge in allowing the applications of the liquidator of Tien Ik Enterprises Sdn Bhd, the 1st respondent and David Kuok Khoon Hin, the 2nd respondent to set aside an ex-parte order granting leave to apply for issue of order of committal against them.
7. Tong Chor Say & Ors v Batang Melaka Rubber Estate Sdn Bhd & Ors [2009] MLJU 218 Lim Kian Leong & Tan Keng Teck with him (Lim Kian Leong) Counsel for the second to eigth respondent
High Court		 Issue : Petition under s 181 CA (oppression by majority of shareholders against the minority)
8. Chang Nga @ Teh Siew Yoke & Ors v Lee Lang & Ors [2009] MLJU 333 Tan Keng Teck (Lim Kian Leong & Co.) for the appellants
Court Of Appeal		 Issue : Striking out of writ and SOC for abuse of process
9. General Corporation Bhd v Yoke Keng Holdings Sdn Bhd & Ors [2009] MLJU 532 K.M Chan (Lim Kian Leong & Co.) for the plaintiff
High Court 		Issue : Indemnity for the purchase of shares against vendor
10. Dato' Tan Heng Chew v Tan Kim Hor [2009] MLJU 589 Lim Kian Leong (Lim Kian Leong & Co.) for the appellant
Court Of Appeal		 Issue : appeal against decision to allow substitution the name of defendant to the name of its partners and to amend SOC
11. SA Architects Sdn Bhd v Marina Sdn Bhd [2009] MLJU 737 K.Y. Cheah (Lim Kian Leong & Co) for the plaintif
High Court		 Issue : Claim for payments for work done (architectural services)
12. Chong Wan Ping and Anor v Shamshudeen Hj Mohd Yunus [2009] MLJU 0897 Terence Chan Kah Meng (Lim Kian Leong & Co) for the defendant
High Court		 Issue : Fraud and misrepresentation (for investments in Myanmar)
13. Tong Chor Say & Ors v Batang Malaka Rubber Estate Sdn Bhd & Ors [2009] 5 MLJ 224 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
14. Dato' Tan Heng Chew v Tan Kim Hor and another appeal [2009] 5 MLJ 790 Lim Kian Leong (Lim Kian Leong & Co) for the appellant
Court Of Appeal		 Civil Procedure — Pleadings — Amendment — Statement of claim — Amendment sought after case management with benefit of defendants' submissions — Amendment to show innuendo — Whether amounted to abuse of process of court — Whether amendment would result in addition of new cause of action — Whether amendments would cause injustice to defendant — Whether amendments had effect of resolving true controversy between parties — Whether inordinate delay in applying for amendments — Rules of the High Court 1980 O 20 r 5
15. Tan Kim Hor & Ors v Tan Heng Chew & Ors [2008] MLJU 817 or [2009] 4 MLJ 358 Lim Kian Leong (Low Chi Cheng, Tan Shin Shin and Kho Ying San with him) (Lim Kian Leong & Co) for the respondents
Court Of Appeal		 Companies and Corporations — Just and equitable grounds — Winding up petition sought on just and equitable grounds — Whether petition ought to be summarily dismissed — Companies Act 1965 s 218(1)(i)

Companies and Corporations — Winding up — Petition — Whether trial judge erred in law and in fact in striking out petition summarily — Just and equitable grounds — Whether full hearing of petition required — Companies Act 1965 s 218(1)(i)
16. [2009] 3 MLJ 191 Woodsville Sdn Bhd v Tien Ik Enterprises Sdn Bhd & Ors Lim Kian Leong (Ong Chee Kwan and Tan Keng Teck with him) (Lee Ong & Kandiah) for the appellant
Court Of Appeal		 Civil Procedure — Committal proceedings — Application for — Leave of court — Application against liquidator — Whether liquidator committed contempt of court — Whether leave of winding up court required
17. Dato' Tan Kim Hor & Ors v Tan Chong Consolidated Sdn Bhd - [2009] 2 MLJ 527 Lim Kian Leong (Tan Pak Theen with him) (Lim Kian Leong & Co) for the respondent
Court Of Appeal		 Issue : Inspection of accounts
18. Liew Chum Wah & Ors v Liew Chee Seng & Ors - [2008] MLJU 80 KM Chan (Lim Kian Leong & Co.) for the first and second defendants
High Court		 Issue : Appeal against decision to strike out
19. Zuraime bin Mohd Nor v Cemerlang Land Sdn Bhd - [2008] MLJU 184 C.K. Wong (Lim Kian Leong & Co.) for the defendant
High Court		 Issue : Declaration for termination of SPA and Deed of Mutual Covenants
20. Dato' Tan Heng Chew v Tan Kim Hor & Ors - [2008] 7 MLJ 184 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
21. Malaysia Discounts Bhd & Ors v Pesaka Astana (M) Sdn Bhd & Ors - [2008] 5 MLJ 1 or [2008] MLJU 315 Lim Kian Leong (Lim Kian Leong & Co) for the respondents/Mareva defendants
Court Of Appeal		 Civil Procedure — Judgments and orders — Mareva order — Variation of Mareva order — Appeal against — Whether appellants made out strong case of proprietary claim against respondents — Whether High Court correct in varying Mareva order
22. Malaysia Discount Berhad and Others v Pesaka Astana (M) Sdn Bhd and Others - [2008] MLJU 305 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
23. Tan Heng Chew & Ors v Tan Kim Hor & Ors - [2008] MLJU 816 Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Kho Yiong San with him) (Lim Kian Leong & Co) for the appellant (the respondent in the petition)
Court Of Appeal		 Issue : To strike out winding up petition
24. Izzap Limited v Yeoh Jin Beng and Others - [2007] MLJU 70 Lim Kian Leong, SS Tan (Lim Kian Leong & Co) for the Plaintiff
High Court		 Issue : Request for assistance under O 39
25. Dato' Tan Heng Chew v Tan Kim Hor and Others - [2007] MLJU 688 Lim Kian Leong (Lim Kian Leong & Co)
High Court		 Issue : appeal against decision of SAR to allow amendments to name of 3rd Defendant to name of partners and to amend SOC and writ
26. Tan Kim Hor and Others v Tan Heng Chew and Others - [2006] MLJU 10 Lim Kian Leong, Low Chi Cheng (Lim Kian Leong & Co) for the Respondents,
High Court		 Issue : Striking out of winding up petition
27. Dato' Tan Heng Chew v Tan Kim Hor - [2006] MLJU 11 or [2006] MLJU 12-(concurrent judgment of Siti Norma Yaakob) or [2006] MLJU 48 – (judgment of Steve L K Shim) Lim Kim Leong, Wong Yoke Peng, Tan Shin Shin, Rohana bte Ngah (Lim Kian Leong & Co), for the Appellants
Federal Court		 Issue : Two appeals arising from an application by the Respondent for the learned High Court Judge to recuse herself from hearing Civil Suit No. D2-22-1179-2002. Her Ladyship dismissed the application but her order was reversed by the Court of Appeal
28. Sing Lian Sdn Bhd & Ors v Lim Jit Teng @ Lim Tin Teng & Ors - [2006] MLJU 281 or [2006] 7 MLJ 70 Lim Kian Leong (Tan Shin Shin with him) (Lim Kian Leong & Co) for the plaintiffs
High Court (Melaka)		 Issue : Interlocutory injunction and striking out
29. Tan Heng Chew and Others v Tan Kim Hor and Others - [2006] MLJU 298 or Tan Heng Chew & Ors v Tan Kim Hor & Ors - [2006] 5 MLJ 313 Lim Kian Leong, Wong Yoke Peng, Tan Shin Shin, Rohana bte Ngah (Lim Kian Leong & Co)
Federal Court		 Civil Procedure — Appeal — Issue not raised in High Court — New case and new test introduced at Federal Court which was not argued in court below — Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings — Whether Federal Court should determine the right test to be applied

Civil Procedure — Appeal — New point raised on appeal — New case and new test introduced at Federal Court which was not argued in court below — Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings — Whether Federal Court should determine the right test to be applied
30. Floral Trends Limited v Li Onn Floral Enterprise (M) Sdn Bhd and Anor - [2006] MLJU 339 Tan Keng Teck, Rohana bte Ngah (Lim Kian Leong & Co) for the Plaintiff
High Court		 Issue : an appeal by the defendants in enclosure 14 against the decision of the learned Senior Assistant Registrar allowing the plaintiff's application to enter a summary judgment against the defendants
31. Tan Heng Chew & Ors v Tan Kim Hor & Ors - [2006] 5 MLJ 313 Lim Kian Leong, Wong Yoke Peng, Tan Shin Shin and Rohana bte Ngah with him) (Lim Kian Leong & Co) for the appellants
Federal Court		 Civil Procedure — Appeal — Issue not raised in High Court — New case and new test introduced at Federal Court which was not argued in court below — Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings — Whether Federal Court should determine the right test to be applied

Civil Procedure — Appeal — New point raised on appeal — New case and new test introduced at Federal Court which was not argued in court below — Whether appellants were only citing new authority which they had failed to cite in the earlier proceedings — Whether Federal Court should determine the right test to be applied
32. Tan Kim Hor & Ors V Tan Heng Chew & Ors - [2004] 4 MLJ 118 Lim Kian Leong (Lim Kian Leong & Co) for the respondents
High Court		 Companies and Corporations — Winding up — Petition — Respondents filed application to restrain law firm from acting for petitioners — Whether law firm possessed any information, confidential or otherwise that could be used against respondents — Whether there was conflict of interest — Whether court could grant injunctive relief — Companies Act 1965 ss 218, 221(2)(f)
33. Tan Kim Hor & Ors V Tan Heng Chew & Ors - [2004] 7 MLJ 224 Lim Kian Leong (Lim Kian Leong & Co) for the respondents
High Court		 Civil Procedure — Pleadings — Amendment of — Amendment of winding-up petition — Whether court may give leave to amend petition under O 20 r 5 read in conjunction with O 20 r 7 of Rules of the High Court 1980

Companies and Corporations — Winding up — Petition — Amendment — Whether any injustice to other side — Whether amendments bona fide — Whether prejudice to other side can be compensated by costs — Whether amendments would turn suit of one character into suit of another and inconsistent character — Companies Act 1965 s 221(2)(e)
34. Lim Jit Kin @ Lim Tian Jee And Others V Goh Siew Koon @ Eng Sing Kuan And Others - [2004] MLJU 583 Lim Kian Leong assisted by Tan Shin Shin (Lim Kian Leong & Co)
High Court		 Companies and Corporations — Winding up — Application to strike out winding up petition — Whether multiplicity of proceedings — Refiling of petition — Second petition presented by the same petitioners against the same respondents based on substantially the same grounds
35. Warisan TC Holdings Berhad & Anor V Tan Boo Pun & Others - [2004] MLJU 399 Lim Kian Leong (Lim Kian Leong & Co) for 1st & 2nd Defendant
High Court		 Civil Procedure — Pleadings — Rules of — Whether counterclaim frivolous and vexatious — Rules of the High Court 1980, O 15 r 2 and 3 — Whether there was link between main claim and counterclaim — Necessity for express pleadings — Derivative action — Fraud on the minority — Whether necessary for express statement that action is for benefit of company — Procedural requirements
36. Malaysia British Assurance Berhad V Chung Choi Yoke - [2004] MLJU 106 Sharon Lee (Lim Kian Leong & Co)
High Court		 Summary judgment – Triable issues – Whether triable issues raised – Stay of execution – Counterclaim by defendant – Transfer of action – From sessions court to high court – Defendant tendered counterclaim in excess of sessions court's jurisdiction – No application for transfer was made by the defendant – Whether the court could transfer the case in the absence of such an application
37. Malayan Banking Berhad V Ng Man Heng - [2005] 1 MLJ 470 YP Wong (Lim Kian Leong & Co) for the judgment debtor
High Court		 Civil Procedure — Reciprocal enforcement of foreign judgments — Setting aside of foreign judgments — Registration of foreign judgment in local courts — Grounds to challenge application for registration of foreign judgment — Whether valid — Service — Foreign writ of summons — Whether foreign writ of summons could be served personally
38. Malaysia British Assurance Bhd V Sihazko Sdn Bhd & Ors - [2005] 6 MLJ 364 Tan Keng Teck (Lim Kian Leong & Co) for the plaintiff/respondent
High Court		 Contract Law — Consideration — Past consideration — Reciprocal promise — Letter of indemnity issued earlier than insurance guarantee — Whether valid consideration — Contracts Act 1950 s 2
39. Re Sing Lian Sdn Bhd; Lim Jit Kim @ Lim Tian Jee & Ors V Goh Siew Koon @ Eng Sing Kuan & Ors - [2005] 7 MLJ 497 Lim Kian Leong (Tan Shin Shin with him) (Lim Kian Leong & Co) for the respondents
High Court		 Companies and Corporations — Winding-up — Petition — Application to strike out petition — Multiplicity of proceedings — Two petitions presented by same petitioners upon similar grounds — Whether duplicity of proceedings — Courts of Judicature Act 1956 s 25(2) and para 11 of Schedule — Companies Act 1965 ss 222, 218(1)(f) & (i)

Companies and Corporations — Winding-up — Petition — Application to strike out petition — Multiplicity of proceedings — Whether second petition must necessarily be struck out or more appropriate to stay — Courts of Judicature Act 1956 s 25(2) and para 11 of Schedule — Companies Act 1965 ss 222, 218(1)(f) & (i)
40. Shahidan Bin Shafie V Atlan Holdings Bhd And Anor - [2005] MLJU 279 Lim Kian Leong, Low Chi Cheng, Tan Shin Shin, Wong Chun-Keat with him (Lim Kian Leong & Co)
Court Of Appeal		 Issue : Appeal against order by the High Court to strike out Originating Summon for want of a cause of action
41. Tan Kim Hor & Ors v Tan Heng Chew & Ors - [2006] 2 MLJ 324 Lim Kian Leong (Low Chi Cheng) (Lim Kian Leong & Co) for the respondents
High Court		 Companies and Corporations — Winding up — Just and equitable rule — Striking out petition — Petitioners claimed to be in a '50:50 or equal quasi-partnership' — Petitioner in another civil suit filed subsequent to the petition, has on oath claimed that the petitioners own 55.4% of the shares in the company and have sought rectification of the shares register — Multiple claims and take multiple stands on oath on the very same issue of their shareholding — Whether the petition has not been made in good faith with genuine belief in its merits — Whether there is res judicata and/or issue estoppel arising in relation to this present application by the respondents

Companies and Corporations — Winding up — Stay of proceedings — Striking out petition — Difference in principles for stay of proceedings from the principles of striking out — Whether the petition can be sustained and/or is an abuse of process — Whether the court is at liberty to consider the facts and issues raised, and come to a decision independent of the decision on stay
42. Dato' Tan Heng Chew v Tan Kim Hor - [2006] 2 MLJ 293 Lim Kim Leong (Wong Yoke Peng, Tan Shin Shin and Rohana bte Ngah with him) (Lim Kian Leong & Co) for the appellant in Civil Appeal No 02–6 of 2005(W)
Federal Court		 Civil Procedure — Judge — Application to recuse judge — Real danger of bias test — Whether Court of Appeal correct in applying new test for recusal which was inconsistent with 'real danger of bias' test

Civil Procedure — Judicial precedent — Court of Appeal — Whether Court of Appeal bound to follow 'real danger of bias' test adopted by Federal Court for recusal of judge
43. Dato' Tan Kim Hor & Ors V Tan Chong Consolidated Sdn Bhd - [2004] 1 MLJ 69 Lim Kian Leong (Lim Kian Leong & Co) for the defendant
High Court		 Companies and Corporations — Accounts — Inspection — Rights of directors to inspect accounts — Whether such right an absolute right

Companies and Corporations — Accounts — Inspection — Improper motives for — Burden of proving improper motives, upon whom

Companies and Corporations — Auditor — Undertaking — Statutory and conditional undertaking — Non-compliance with statutory requirements — Whether undertaking valid

Companies and Corporations — Directors — Accounts — Inspection of — Absolute rights of directors to inspect accounts — When such rights lost

Companies and Corporations — Directors — Accounts — Inspection of — Rights of directors to inspect accounts — Whether such right an absolute right
44. Peter Yip Shou Shan & Anor V Kuok Khoon Kwong & Anor - [2003] MLJU 447 CC Low (Lim Kian Leong & Co) for 2nd Defendant
High Court		 Legal Profession — Costs — Suing for costs — Clients' contention that plaintiffs' legal fees had been paid — Plaintiffs documents destroyed — Whether plaintiffs succeeded in proving claim
45. DYTM Tengku Idris Shah Ibni Sultan Salahuddin Abdul Aziz Shah V Dikim Holdings Sdn Bhd & Anor - [2003] 2 MLJ 1 Lim Kian Leong (Low Chi Cheng with him) (Lim Kian Leong & Co) for the appellant
Federal Court		 Constitutional Law — Courts — Jurisdiction of High Court — Plaintiff filed action at High Court — Plaintiff subsequently proclaimed the Sultan of Selangor — Whether High Court continued to exercise jurisdiction to adjudicate on suit — Federal Constitution arts 181(2), 182(2) and (3)

Constitutional Law — Courts — Power to transfer cases — Plaintiff filed action at High Court — Plaintiff subsequently proclaimed the Sultan of Selangor — Whether High Court had jurisdiction or power to transfer suit to Special Court established under Part XV of Federal Constitution

Constitutional Law — Suit involving government or ruler — Immunity of sovereign — Plaintiff filed action at High Court — Plaintiff subsequently proclaimed the Sultan of Selangor — Whether term 'Ruler' in arts 181, 182 and 183 of the Federal Court should be construed to mean Ruler at the time when the cause of action arose — Maxim 'rex nunquam moritur' — Whether question of when cause of action arose was relevant to construction of term 'Ruler'
46. Tan Kim Hor V Tan Chong & Motor Co Sdn Bhd & Ors - [2003] 2 MLJ 278 Lim Kian Leong ( Lim Kian Leong & Co) for the sixth respondent
High Court		 Civil Procedure — Disqualification of judge — Application to disqualify judge from hearing case — Whether judge commented adversely on credibility of plaintiff — Whether this disqualified judge from further trying case — Whether there was real danger of bias
47. Tan Kim Hor & Ors V Tan Heng Chew & Ors - [2003] 1 MLJ 492 Lim Kian Leong ( Low Chi Cheng, Neela Iadurey with him) ( Lim Kian Leong & Co) for the respondents
Court Of Appeal		 Civil Procedure — Appeal — Fact, finding of — Findings not supported by evidence — Findings made based on judge's perceptions of the situation without benefit of probable explanations from contending parties — Whether High Court judge was wrong in her findings

Civil Procedure — Striking out — Winding up petition — Application to strike out winding up petition under O 18 r 19 of the Rules of the High Court 1980 — Whether application pursuant to O 18 r 19 to strike out petition presented under s 218 of the Companies Act 1965 desirable or applicable

Companies and Corporations — Winding up — Petition under s 218 — Application to strike out winding up petition under O 18 r 19 of the Rules of the High Court 1980 — Whether application pursuant to O 18 r 19 to strike out petition presented under s 218 of the Companies Act 1965 desirable or applicable
48. Tan Kim Hor & 9 Others V Tan Heng Chew & 9 Others - [2002] MLJU 582 Lim Kian Leong with Low Chi Cheng (Lim Kian Leong & Co) for 1st - 9th Respondent
High Court		 Civil Procedure — Injunction — Interlocutory injunction — Application for interlocutory injunction under winding up petition — Whether court had jurisdiction to grant injunction sought by petitioners under winding up petition — Whether petitioners satisfied test for granting interlocutory injunction — Whether petitioners raised bona fide serious issues — Whether petitioners showed that they would suffer irreparable harm if injunction not obtained — Whether damages an adequate remedy — Balance of convenience

Companies and Corporations — Winding up — Petition — Application for interlocutory injunction under winding up petition — Whether court had jurisdiction to grant injunction sought by petitioners under winding up petition — Whether court's power to make interim order in a winding up petition was limited to making ancillary orders in furtherance of winding up order
49. Tan Boon Pun & 1 Lagi V Tung Pao Sdn Bhd & & 7 Lagi - [2002] MLJU 618 Lim Kian Leong (Lim Kian Leong & Co)
High Court 		Civil Procedure — Injunction — Injunction, application for — Injunction to restrain defendants from passing resolutions to vacate positions held by plaintiffs as directors — Serious bona fide issues to be tried — Whether damages would be adequate compensation — Balance of convenience
50. Syarikat Ying Mui Sdn Bhd V Dovina Sdn Bhd - [2002] MLJU 673 Lim Kian Leong & Co – no further names
High Court		 Land Law — Restraint on dealings — Caveats — Caveatable interest — Rescission of sale and purchase agreement by seller — Application by purchaser for specific performance of sale and purchase agreement dismissed by High Court — Whether purchaser had caveatable interest
51. Tan Boon Pun Dan Satu Lagi Lwn Tung Pao Sdn Bhd Dan Lain-Lain - [2002] 7 MLJ 68 Lim Kian Leong (Lim Kian Leong & Co) bagi defendan kelapan
High Court		 Acara Sivil — Injunksi — Injunksi, permohonan untuk — Injunksi untuk menghalang defendan-defendan dari meluluskan resolusi untuk mengosongkan jawatan yang dipegang oleh plaintif-plaintif sebagai pengarah-pengarah — Sama ada terdapat persoalan-persoalan bona fide yang serius untuk dibicarakan — Sama ada ganti rugi adalah pampasan yang mencukupi — Imbangan kemudahan

Syarikat dan Korporat — Pengarah-pengarah — Pemecatan — Permohonan injunksi untuk menghalang pemecatan — Sama ada mahkamah boleh memberikan injunksi untuk menghalang pemecatan pengarah — Sama ada terdapat persoalan-persoalan bona fide yang serius untuk dibicarakan — Sama ada ganti rugi adalah pampasan yang mencukupi — Imbangan kemudahan
52. DYTM Tengku Idris Shah Ibni Sultan Salahuddin Abdul Aziz Shah V Dikim Holdings Sdn Bhd & Anor - [2002] 4 MLJ 289 or [2002] 2 MLJ 11 Low Chi Cheng (Wong Yoke Ping with her) (Lim Kian Leong & Co) for the plaintiff
Federal Court		 Constitutional Law — Constitution — Federal Constitution — Commencement of action by plaintiff in High Court — Plaintiff subsequently appointed as Regent of State of Selangor to exercise functions as Sultan — Whether plaintiff was Ruler for purposes of arts 181, 182 and 183 of the Federal Constitution — Definition of 'Ruler' in art 160 of Federal Constitution — Federal Constitution arts 160, 181, 182, 183

Statutory Interpretation — Construction of statutes — Purposive approach — Ambiguity — Literal approach to interpretation gave rise to different interpretations of 'Ruler' for art 181(2) and arts 182 and 183 of the Federal Constitution — Whether purposive approach to be taken — Interpretation Acts 1948 and 1967 s 17A

Words and Phrases — 'Ruler' — Federal Constitution art 160
53. Yap Moi V Hong Leong Bank Bhd - [2002] 3 MLJ 614 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
54. Tan Kim Hor & Ors V Tan Heng Chew & Ors - [2002] 2 MLJ 216 Lim Kian Leong (Low Chin Cheng with him) (Lim Kian Leong) for the respondents.
High Court		 Companies and Corporations — Winding up — Just and equitable grounds — Stand off between major shareholders — Breakdown in relationship of mutual trust and confidence — Exercise of court's inherent jurisdiction to strike out petition — Petitioner showed careless disregard of interests of shareholders, whether amounted to bad faith — Petitioners involved in active management of company, whether oppression against petitioners proved — Companies Act 1965 s 218(1)(i)
55. Dovina Sdn. Bhd. V Syarikat Ying Mui Sdn. Bhd. - [2001] MLJU 41 C.C. Low with Neela Iaduray (M/s Lim Kian Leong & Co.)
High Court		 Contract — Sale and purchase of land — Misrepresentation — Whether representations were made to the plaintiff — Purported variation in draft supplemental agreement — Whether oral second supplemental agreement concluded — Whether draft supplemental agreement enforceable
56. Ho Wai Seng Dan Satu Lagi V Johari Bin Abas Dan Satu Lagi - [2001] 1 MLJ 558 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)
57. Leow Teow Beng V Liew Chun Wah & Ors - [2000] 2 MLJ 238 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
58. Ian James Rogers V Menteri Sumber Manusia, M'sia - [1999] MLJU 275 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
59. Yap Moi V Hong Leong Bank Bhd - [1999] MLJU 483 Lim Kian Leong (M/s Lim Kian Leong & Co)

High Court		 Issue : Summary judgment
60. Mudariang Steel Mills Sdn Bhd & Ors V Kwong Yik Bank Bhd & Ors And Another Suit - [1999] 6 MLJ 181 or [1998] MLJU 604 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
61. Ho Wai Seng Dan Satu Lagi Lwn Johari Bin Abas Dan Satu Lagi - [1998] MLJU 386 Lim Kian Leong bagi pihak plaintif/responden
High Court		 Issue : damages for fraud, misrepresentation, conspiracy
62. Bank Kerjasama Rakyat Malaysia V Daya Plaza Sdn Bhd And Third Party - [1998] MLJU 400 K T Tan (Lim Kian Leong & Co) for the defendant
High Court		 Issue : setting aside sale by public auction
63. Fong Poh Yoke & Ors V The Central Construction Company (Malaysia) Sdn Bhd - [1998] MLJU 478

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
64. Goh Joon V Kerajaan Negeri Johor & Ors - [1998] 7 MLJ 621 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
65. Ian James Rogers Lwn Menteri Sumber Manusia & Satu Lagi - [1998] 5 MLJ 290 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
66. Ian James Rogers Lwn Menteri Sumber Manusia & Satu Lagi (No 2) - [1998] 5 MLJ 294 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
67. Public Bank Bhd V Ng Chee Ping & Anor - [1998] 4 MLJ 449 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
68. Sime Diamond Leasing (M) Sdn Bhd V Jb Precision Moulding Industries Sdn Bhd (In Liquidation) - [1998] 4 MLJ 569 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
69. Chong Kon Yon V MBF Finance Bhd - [1997] 2 MLJ 333 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
70. Sime Diamond Leasing (M) Sdn Bhd V JB Precision Moulding Industries Sdn Bhd (In Liquidation) - [1997] 1 MLJ 499 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)
71. Public Bank Bhd V C P Ng Holdings Sdn Bhd - [1996] MLJU 406 Chang Mun Fong with C C Low (Lim Kian Leong & Co) for the respondent
High Court		 Issue : Inability to pay debts
72. Peter Yeow Yew Teck V Cheng Sim Meng And Another Action - [1996] MLJU 470 Low Chi Cheng (Lim Kian Leong & Co) for the respondent
High Court		 Issue : filing of notice of appeal against decision of subordinate court
73. Hong Leong Finance Bhd V Zahar Bin Hj Ariffin & Anor - [1995] MLJU 28 Lim Kian Leong (Lim Kian Leong & Co) for the second defendant
High Court		 Issue : Declaration on true construction of documents
74. Four Seas Enterprise Corporation Sdn Bhd V Yap Yean Cheong @ Yap Kheng Hong & Ors - [1995] MLJU 240 Chang Mun Fong (Lim Kian Leong & Co) for the defendants
High Court		 Issue : Register of the transfer of shares
75. Jb Precision Moulding Industries Sdn Bhd (In Liquidation) V Sime Diamond Leasing (Malaysia) Sdn Bhd - [1995] 3 MLJ 718 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
76. William Jacks & Co (M) Sdn Bhd V M P J Sdn Bhd - [1994] MLJU 74 C C Low (Lim Kian Leong & Co) for the appellant High Court Issue : Goods sold and delivered
77. Ponniah V Sivalingam & Ors - [1991] 3 MLJ 190 Lim Kian Leong for the fourth to eighth defendants
High Court		 Trusts and Trustees — Presumption of gift and advancement — Shares allotted to parties — Share certificates retained by donor — Whether donor had intention to give shares to children and wife — Whether evidence given by donor admissible

Civil Procedure — Summary judgment application — Declaration sought — Whether court has jurisdiction to grant declaration
78. Sabah Shipbuilding Repairing & Engineering Sdn Bhd V Pernas Hall Thermotank Engineering Sdn Bhd - [1986] 1 MLJ 195 Lim Kian Leong for the plaintiffs/respondents
High Court		 Contract — Civil engineering works — Subcontracted — Agreement providing for payment in respect of variations — Extra payment demanded for alleged variations
79. Dunlop Malaysia Industries Bhd V Pernas-Sime Darby Sdn Bhd & Ors - [1985] 2 MLJ 101 Chan Hua Eng ( Lim Kian Leong with him) for 2nd, 3rd and 4th defendants
High Court		 Contract — Joint venture agreement — Transfer of shares — Pre-emptive procedure — Manufacturing licence — Condition restricting freedom of share transfers — Equity holdings of participating companies — Whether transfers increasing holdings of a company infringe condition — Declarations whether ought to be granted to plaintiffs Companies Act 1965, s 179
 
 
 

List of Cases Published in the Current Law Journal from 1991 to 2011

  Case Counsel & Solicitor Digest and Headnotes
1. NORMAN DISNEY & YOUNG v. AFFIFI HJ HASSAN [2011] 1 CLJ 210 [2010] 1 LNS 514 For the defendant - Lim Kian Leong (Rachel Tan Pak Theen with him); M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Striking out - Action - Plaintiff's action against defendant based on contracts with unlawful objects and/or consideration - Defendant applying to strike out action - Pointless for plaintiff to go to trial

CONTRACT: Void contract - Consideration unlawful - Contract attempting to circumvent requirements of statute - Such contract void under s. 24(a) and (b) of Contracts Act 1950 - Impossible to sever unlawful part of contract from lawful part - Such severability prohibited under s. 25 of Contracts Act 1950 - Contracts Act 1950, ss. 24, 25

CONTRACT: Illegality - Contravention of law - Contract attempting to circumvent requirements of statute - Such contract unlawful - Approach of court when illegality suspected

CONTRACT: Illegality - Public policy - 'Ali Baba' type of companies - Contracts to establish such companies illegal and contrary to public policy
2. CHERN SIEW LING @ SUI SIEW LING v. PKTECH SDN BHD [2010] 2 LNS 0257 For the company - KM Chan and Veronica Ong; M/s Lim Kian Leong & Co
Industrial Court		 The issue before the Court in whether the Claimant's dismissal by the Company that with just cause or excuse.
3. DATO' TAN HENG CHEW v. TAN KIM HOR & ANOTHER APPEAL [2010] 8 CLJ 1 [2009] 1 LNS 666 (Civil Appeal No: W-02-677-2007) For the appellant - Lim Kian Leong; M/s Lim Kian Leong & Co

(Civil Appeal No: W-02-708-2007) For the appellant - Lim Kian Leong; M/s Lim Kian Leong & Co
Court Of Appeal		 CIVIL PROCEDURE: Amendment - Writ of summons and statement of claim - Defamation suit - Case not set down for trial - Proposed amendments to set out with greater clarity defamatory nature of statements by way of innuendo other than in their natural and ordinary meaning - Amendment allowed

CIVIL PROCEDURE: Amendment - Writ of summons and statement of claim - Principles applicable - Whether prejudice suffered by defendant could be compensated by costs - Whether new facts and issues raised - Whether application for amendment one year and seven months after "Agreed Issues To Be Tried" constituted inordinate delay - Whether proposed amendments a tactical manoeuvre and abuse of process of court - Proposed amendments allowed so that true issues in controversy could be resolved - Far greater injustice if plaintiff's case was limited prematurely - Order 20 r. 5 Rules of the High Court 1980
4. KETUA PENGARAH HASIL DALAM NEGERI v. PROMET (LANGKAWI) RESORTS SDN BHD [2010] 1 LNS 474 For the Respondent – Lim Kian Leong; M/s Lim Kian Leong & Co.
High Court		 The issue is whether proceeds from the sale of lands by the Respondent should be charged with income tax under the Income Tax Act 1967 or real property gains tax under the Real Property Gains Tax Act 1976
5. PENGURUSAN DANAHARTA NASIONAL BHD & ORS v. TAN SRI DATO' TAJUDDIN RAMLI (NO 4) [2010] 6 CLJ 84 [2009] 1 LNS 1642 For the plaintiff - Lim Kian Leong (Low Chi Cheng with him); M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Summary judgment - Settlement agreement - Whether triable issues existed - Defendant executed Settlement Agreement to pay reduced debt but defaulted - Plaintiff terminated Settlement Agreement and reinstated original debt - Plaintiff entitled to default and penalty interest forming part of its claim - Conclusive evidence clause - Whether plaintiff was negligent in selling shares charged to it - Marginal difference in sale proceeds and defendant's valuation of shares - Whether too minimal to attribute negligence on plaintiff

CONTRACT: Settlement - Settlement Agreement - Breach of agreement - Admissions by defendant in Settlement Agreement - Whether admissions made in the course of negotiations and hence inadmissible - Defendant acknowledged liability for reduced debt but not difference in original indebtedness and reduced debt
6. LEE FONG WAN & SATU LAGI lwn. IWASHITA INSTRUMENTS (M) SDN BHD [2009] 2 LNS 0443 For the Company – Terence KM Chan
Industrial Court		 Issue was that on dismissal but was settled.
7. TERRY VALENTINE v. PK TECH SDN BHD [2009] 2 LNS 1387 For the Respondent - Terence KM Chan; M/s Lim Kian Leong & Co
Industrial Court		 Issue was on constructive dismissal.
8. PENGURUSAN DANAHARTA NASIONAL BERHAD & 2 ORS v. TAN SRI DATO' TAJUDDIN RAMLI [2009] 1 LNS 1639 For the Applicant in Enc. 404, 413, 417, 419, 421, 423, 415 and 4277 Plaintiff - Low Chi Cheng; T/n Lim Kian Leong & Co
High Court		 Issue was on recovery of monies, striking out, and to adduce fresh evidence.
9. PENGURUSAN DANAHARTA NASIONAL BERHAD & 2 ORS v. TAN SRI DATO' TAJUDDIN RAMLI (NO 2) [2009] 1 LNS 1640 For the Plaintiff - Lim Kian Leong & Low Chi Cheng; T/n Lim Kian Leong & Co
High Court		 Issue was on joinder of parties (14 additional Defendants).

10.

 PENGURUSAN DANAHARTA NASIONAL BERHAD & 2 ORS v. TAN SRI DATO' TAJUDDIN RAMLI (NO 3) [2009] 1 LNS 1641 For the Plaintiff - Lim Kian Leong & Low Chi Cheng; T/n Lim Kian Leong & Co
High Court		 Issue was on the striking out of counterclaims.
11. TAN HENG CHEW & ORS v. TAN KIM HOR & ORS [2009] 2 CLJ 234 [2008] 1 LNS 715 For the appellants - Lim Kian Leong (Low Chi Cheng, Tan Shin Shin & Kho Yiong San with him); M/s Lim Kian Leong & Co Court Of Appeal COMPANY LAW: Winding up - Petition - Striking out - Whether petitioners filed verifying affidavit - Whether petition a nullity - Companies (Winding-up) Rules 1972, r. 26
12. TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2009] 2 CLJ 242 [2008] 1 LNS 722 For the respondents - Low Khian Leong (Low Chi Cheng, Tan Sin Shih & Kho Yiong San with him); M/s Lim Kian Leong & Co
Court Of Appeal		 COMPANY LAW: Winding up - Petition - Striking out, appeal against - Whether trial judge erred in law and in fact in striking out petition summarily - Just and equitable grounds - Whether full hearing of petition required - Wrongful exercise of discretion - Companies Act 1965, s. 218(1)(i)
13. CHANG NGA @ TEH SIEW YOKE & 8 ORS v. LEE LANG & 9 ORS [2009] 1 LNS 372 For the appellants – Tan Keng Teck; M/s Lim Kian Leong & Co.
Court Of Appeal		 Issue was on the appeal on the striking out of writ and statement of claim.
14. SEE HOCK CHYE v. SEE SENG LAI & ANOR & ANOTHER CASE [2009] 1 LNS 489 Civil Appeal No.: B-02-686-2005 For the 2nd Respondent – Tan Pak Theen; M/s Lim Kian Leong & Co.
Court Of Appeal		 Issue was on the appeal against a declaration granted to allow the withdrawal of monies from fixed deposit accounts.
15. GENERAL CORPORATION BHD v. YOKE KENG HOLDINGS SDN BHD & 8 ORS [2009] 1 LNS 618 For the Plaintiff: KM Chan; M/s Lim Kian Leong & Co
High Court		 Issue was on indemnity from the Defendants (from whom the Plaintiff acquired the entire paid up capital) for back duty and penalty imposed by IRB

16.

 CHONG WAN PING & ANOR v. SHAMSHUDEEN HJ MOHD YUNUS [2009] 1 LNS 834 For the defendant - Terence Chan Kah Meng; M/s Lim Kian Leong & Co
High Court		 CONTRACT: Fraud - Fraud claim in civil proceedings - Requirement for contemporaneous police report to be lodged - Plaintiffs failing to lodge police report against defendant - Whether plaintiff's claim of fraud can be sustained

CONTRACT: Misrepresentation - Sale and Purchase of stake in defendant's companies - Plaintiffs acting on the Sale and Purchase Agreement despite misgivings and contributing to the working capital after receiving the due diligence audit - Whether plaintiff estopped from claiming the sum of USD 2.1 million - Whether any misrepresentation by defendant
17. SA ARCHITECTS SDN BHD v. MARINA SDN BHD [2009] 1 LNS 853 For the Plaintiff – KY Cheah; M/s Lim Kian Leong & Co
High Court		 Issue was the claim for sums due to the Plaintiff (architect firm) from Defendant (housing developer).
18. NORSHAMSHIAH ALI AFANDI v. PKTECH SDN BHD [2008] 2 LNS 0193 Mr Zulhairi bin Sulaiman of Messrs Lim Kian Leong & Co for the Company
Industrial Court		 Issue was on dismissal.
19. CHOW HONG LIT v. FLUID SYSTEMS SDN BHD [2008] 2 LNS 0239 Cik Sharon Lee of Messrs. Lim Kian Leong & Co, Counsel for Company
Industrial Court		 Issue was on dismissal (s 20(3) Industrial Relations Act 1967)
20. ZURAIME MOHD NOR v. CEMERLANG LAND SDN BHD [2008] 1 LNS 165 C.K. Wong - Tt. Lim Kian Leong & Co., Kuala Lumpur - for Defendan
High Court		 Issue was the admissibility of the Defendant's Affidavit in Reply which was served 4 months out of time, whether curable under O 1A and O2 r 3 RHC 1980.
21. ATLAN HOLDINGS BHD & ANOR v. TAN SRI DATO' TAJUDIN RAMLI [2008] 5 CLJ 222 (Civil Appeal No: W-02-425-2008) For the respondent - Lim Kian Leong (Low Chi Cheng with him); M/s Lim Kian Leong & Co Court Of Appeal (Civil Appeal No: 02-426-2008) For the respondent - Lim Kian Leong (Low Chi Cheng with him); M/s Lim Kian Leong & Co
Court Of Appeal		 CIVIL PROCEDURE: Injunction - Injunction restraining defendants from disposing assets - Stay - Principles applicable - Whether there was an arguable case against defendants - Undertaking as to damages - Whether injunction ought to be dissolved

CIVIL PROCEDURE: Execution - Stay - Injunction restraining defendants from disposing assets - Principles applicable - Whether there was an arguable case against defendants - Undertaking as to damages - Whether injunction ought to be dissolved
22. TAN KIM HOR & 3 ORS v. TAN CHONG CONSOLIDATED SDN BHD [2008] 1 LNS 741 Counsel for Respondent: Mr Lim Kian Leong (Ms Tan Pak Theen with him)
Court Of Appeal		 Issue is the examination of accounts – s 167 CA
23. LIM JIT KIM @ LIM TIAN JEE & 18 YANG LAIN lwn. TEY LION GSENG & 4 YANG LAIN [2008] 1 LNS 765 For the Defendants – Tan Keng Teck; M/s Lim Kian Leong & Co.
High Court		 Issue is on striking out and plaintiff's application for an interlocutory injunction
24. DATO' TAN HENG CHEW v. TAN KIM HOR & ORS [2008] 7 CLJ 776 For the plaintiff - Lim Kian Leong; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Amendment - Pleadings - Principles governing amendments - Whether application to amend is bona fide - Whether prejudice caused to other side can readily be compensated by costs - Whether amendments would turn suit from one character into a suit of another and inconsistent character

CIVIL PROCEDURE: Amendment - Addition of new cause of action - Power of court to grant amendment after expiry of limitation period where effect of amendment will be to add or substitute a new cause of action - New cause of action must arise out of same or substantially same facts

CIVIL PROCEDURE: Amendment - Parties - Application for leave to substitute name of law firm with names of its partners - Plaintiff attempting to amend his statement of claim by pleading innuendo and seeking to introduce extrinsic facts - Whether will cause detriment and prejudice to defendants which cannot be compensated by costs - Whether proposed amendments made issues in controversy clearer - Whether proposed amendments would delay proceedings further - Whether proposed amendments were a tactical manoeuvre which was an abuse of court process - Proposed amendments would have nullified mutual concessions and admissions that parties had made in statement of agreed facts - Whether application for amendment disallowed
25. HASNI HASHIM v. PERCON CORPORATION SDN BHD [2007] 2 LNS 0870 Encik Chan Kah Meng from Tetuan Lim Kian Leong & Co counsel for the Company.
Industrial Court		 Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967
26. FOO WENG LOON v. ENERGIZER MALAYSIA SDN BHD [2007] 2 LNS 1627 For the Claimants - Cik Sharon Lee dan Angela Wong, Dari Tetuan Lim Kian Leong & Co.,
Industrial Court		 Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967
27. TAN PENG v. MALAYSIA PACIFIC CORPORATION BHD [2007] 2 LNS 2083 For the Respondent – Ms Sharon Lee; M/s Lim Kian Leong & Co
Industrial Court		 Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967
28. SKYNET WORLDWIDE (ASIA) SDN BHD v. SHIRLEY LEE UI KIM [2007] 2 LNS 2382 Mr K M Chan from M/s Lim Kian Leong & Co. for the Claimant
Industrial Court		 Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967
29. LAI HUI SIANG v. IWASHITA INSTRUMENTS (M) SDN BHD [2007] 2 LNS 2452 For the Respondent – Azlan; M/s Lim Kian Leong & Co.
Industrial Court		 Issue was under section 56(1) of the Industrial Relations Act 1967
30. IZZAP LTD v. YEOH JIN BENG & ORS [2007] 3 CLJ 71 For the plaintiff - Lim Kian Leong (SS Tan with him); M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Trial - Witness - Examination of witness - Application under O. 39 rr. 1 and 2 Rules of the High Court 1980 - Depositions to be taken - Person examined out of jurisdiction - Whether witness abroad unwilling to give evidence at trial - Whether application ought to be granted

EVIDENCE: Witness - Examination of witness - Application under O. 39 rr. 1 and 2 Rules of the High Court 1980 - Depositions to be taken - Person examined out of jurisdiction - Whether witness abroad unwilling to give evidence at trial - Whether application ought to be granted
31. NISHIHARA SALPAC ENGINEERING SDN BHD (FORMERLY KNOWN AS SALPAC ENGINEERING SDN BHD.)V. TAN BENG GEE (ELIZABETH) [2006] 2 LNS 1265 Mr. K. M. Chan of Messrs Lim Kian Leong & Co., Counsel for the Company. Industrial Court Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967
32. SING LIAN SDN BHD & 6 ORS v. LIM JIT TENG @ LIM TIN TENG & 9 ORS [2006] 1 LNS 172 For the Plaintiffs - Lim Kian Leong, assisted by Tan Shin Shin; M/s Lim Kian Leong & Co
High Court		 Issue is on the application by the Plaintiff's for an interlocutory injunction
33. TAN HENG CHEW & ORS v. TAN KIM HOR & ORS [2006] 3 CLJ 481 For the appellants – Lim Kian Leong (Sia Siew Mun, Wong Yoke Peng, Tan Shin Shin & Rohana Ngah with him); M/s Lim Kian Leong
Federal Court		 CIVIL PROCEDURE: Appeal - Federal Court - Appellants sought to disqualify solicitors for respondents - Proposed test raised before Federal Court was not canvassed before courts below - Whether Federal Court should hear appeal
34. FLORAL TRENDS LTD v. LI ONN FLORAL ENTERPRISE (M) SDN BHD [2006] 6 CLJ 525 For the plaintiff - Tan Keng Teck (Rohana Ngah with him); M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Summary judgment - Appeal against - Triable issues - Whether raised

CIVIL PROCEDURE: Affidavits - Contents - Exhibit A annexed to affidavit in support - Document contained Chinese handwritings - Whether clear without national language translation - Rules of the High Court 1980, O. 92 r. 1

CONTRACT: Guarantee - Letter of guarantee - Second defendant signed a letter of guarantee - Whether there was consideration for plaintiff granting loan to first defendant - Failure of first defendant to repay loan - Whether second defendant shall be made liable - Whether there was a contract in existence between parties

CIVIL PROCEDURE: Summary judgment - Appeal against - Plaintiff granting friendly loan to defendants - Failure to repay loan - Allegations of friendly loan illegal moneylending transaction - Whether substantiated - Whether plaintiff operating a moneylending business - Whether plaintiff a moneylender - Whether plaintiff rebutted presumption as set out in s. 3 Moneylenders Act 1951

CIVIL PROCEDURE: Summary judgment - Appeal against - Second defendant's denial of signing letter of guarantee - Allegations of forgery - Failure to lodge a police report - Whether construed as bare allegations
35. DATO' TAN HENG CHEW v. TAN KIM HOR & ANOTHER APPEAL [2006] 1 CLJ 577 (Civil Appeal No: 02-6-2005(W)) For the appellant - Lim Kian Leong (Sia Siew Mun, Wong Yoke Peng, Tan Shin Shin & Rohana Ngah with him); M/s Lim Kian Leong & Co
Federal Court		 CIVIL PROCEDURE: Judicial precedent - Stare decisis - Whether Court of Appeal may disagree with judgments of Federal Court

CIVIL PROCEDURE: Judge - Judge to recuse himself - Whether "real danger of bias" needs to be shown - Whether test is objective or subjective in nature
36. HONG LEONG BANK BERHAD v. NG WEE HEONG [2005] 2 LNS 2354 Mr. K.M. Chan, (Ms. Sharon Lee with him), Messrs. Lim Kian Leong & Co., Counsel for the Company.
Industrial Court		 Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967
37. YAM TOCK YEE v. HONG LEONG BANK BERHAD [2005] 2 LNS 2356 Mr. Terence K.M. Chan assisted by Miss Tan Shin Shin from Messrs Lim Kian Leong & Co. The learned counsels for the Company
Industrial Court		 Issue is on dismissal under Section 20(3) of the Industrial Relations Act, 1967
38. LIM JIT KIM & ORS v. GOH SIEW KOON & ORS [2005] 1 CLJ 281 For the respondents - Lim Kian Leong; M/s Lim Kian Leong & Co
High Court		 COMPANY LAW: Winding up - Petition - Application to strike out - Multiplicity of proceedings - Two petitions presented by same petitioners upon similar grounds - Whether a duplicity of proceedings - Whether second petition must necessarily be struck out - Considerations - Whether more appropriate to stay second petition - Courts of Judicature Act 1956, s. 25(2) & para 11 of Schedule - Companies Act 1965, ss. 222, 218(1)(f), (i)
39. LIM JIT KIM & ORS v. GOH SIEW KOON & ORS [2005] 4 CLJ 420 For the respondents - Lim Kian Leong (Tan Shin Shin with him); M/s Lim Kian Leong & Co
High Court		 COMPANY LAW: Winding-up - Petition - Withdrawal of - Whether there is specific rule in Companies Act 1965 or Companies (Winding-Up) Rules 1972 to govern withdrawal of petition which has yet to be served and for which there was no advertisement - Whether English principles on withdrawal of petition applicable in Malaysia

COMPANY LAW: Winding-up - Petition - Multiplicity or duplicity of petitions - Whether court can dismiss one of the petitions
40. KEJUTAN HOLDINGS SDN BHD v. MAGNUM 4D (PERAK) SDN BHD & ORS [2005] 2 CLJ 766 For the petitioner - Terrence KM Chan; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Parties - Misjoinder - Application to strike out names from originating petition and proceedings thereto - Whether parties relevant to proceedings - Rules of the High Court 1980, O. 15 r. 6(2)

COMPANY LAW: Members' right - Petition - Alleged acts of oppression and prejudicial conduct - Whether petition should be directed to only members or directors of company in question - Companies Act 1965, s. 181
41. SHAHIDAN SHAFIE v. ATLAN HOLDINGS BHD & ANOR & OTHER APPEALS [2005] 3 CLJ 793 (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
42. MALAYAN BANKING BHD v. NG MAN HENG [2005] 1 CLJ 833 For the judgment debtor - YP Wong; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Reciprocal enforcement of judgments - Application for registration of Singapore judgment - Whether service through private agent proper - Whether illness, illiteracy and misrepresentation grounds for objecting to application - Rules of the High Court 1980, O. 65 r. 2 - Reciprocal Enforcement of Judgments Act 1958, s. 5(1)

CIVIL PROCEDURE: Service - Service of foreign legal process - Service by private agent - Whether in contravention of O. 65 r. 2 Rules of the High Court 1980
43. DATO' TAN KIM HOR & ORS v. TAN CHONG CONSOLIDATED SDN BHD [2004] 1 CLJ 317 For the defendant - Lim Kian Leong; M/s Lim Kian Leong & Co
High Court		 COMPANY LAW: Accounts - Inspection, application for - Whether application made on bad faith - Whether letter of undertaking complied with statutory requirements - Companies Act 1965, s. 167(6)

COMPANY LAW: Directors - Right to inspection of accounts - Whether unfettered - Whether right not available if bad faith is proved - Companies Act 1965, s. 167(6)
44. WARISAN TC HOLDINGS BERHAD & ANOR v. TAN BOON PUN & 5 ORS & ANOTHER CASES [2004] 1 LNS 334 Counsel for Defendant 1 & 2 Mr Lim Kian Leong of Messrs Lim Kian Leong & Co Advocates & Solicitors, Kuala Lumpur
High Court		 Issue was the appeal against the striking out of a derivative action by way of counterclaim
45. TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2004] 6 CLJ 338 For the respondent - Lim Kian Leong; M/s Lim Kian Leong & Co
High Court		 LEGAL PROFESSION: Practice and etiquette - Acceptance of brief - Conflict of interest - Firm had previously advised respondent company - Confidentiality - Embarrassment - Whether embarrassed - Professional independence - Whether an issue - Companies Act 1965, s. 221(2)(f) - Legal Profession (Practice and Etiquette) Rules 1978, rr. 3 & 5
46. TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2004] 3 CLJ 401 For the respondents - Lim Kian Leong; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Amendment - Petition - Companies winding-up petition - Whether petitioners' proposed amendments to petition barred by doctrines of res judicata and issue estoppel - Whether 'new events' via proposed amendments already determined on their merits before - Whether there would be abuse of process of court - Principles in amendment of pleadings - Whether also applicable to winding-up petitions - Companies Act 1965, s. 221(2)(e) - Rules of the High Court 1980, O. 20 rr. 5 & 7 - Injustice - Bona fides of application - Prejudice and compensation with costs - Character of suit

COMPANY LAW: Winding-up - Petition - Amendment - Whether petitioners' proposed amendments to petition barred by doctrines of res judicata and issue estoppel - Whether 'new events' via proposed amendments already determined on their merits before - Whether there would be abuse of process of court - Principles in amendment of pleadings - Whether also applicable to winding-up petitions - Companies Act 1965, s. 221(2)(e) - Rules of the High Court 1980, O. 20 rr. 5 & 7 - Injustice - Bona fides of application - Prejudice and compensation with costs - Character of suit
47. MALAYSIA BRITISH ASSURANCE BHD v. SIHAZKO SDN BHD & ORS [2004] 8 CLJ 423 For the plaintiff/respondent - Tan Keng Teck; M/s Lim Kian Leong & Co
High Court		 CONTRACT: Formation - Consideration - Whether exchange of mutual promises could constitute consideration - Contracts Act 1950, s. 2(e), (f)

CONTRACT: Consideration - Executory consideration - Whether good consideration - Contracts Act 1950, s. 2(d)

CONTRACT: Consideration - Mutual promises - Whether reciprocal promises - Whether exchange of mutual promises could constitute consideration - Contracts Act 1950, s. 2(e), (f)

CIVIL PROCEDURE: Action - Cause of action - Whether action involving recovery of a penalty or forfeiture or sum by way of penalty or forfeiture - Whether action merely recovery of a debt due and owing

48.

 MALAYSIA BRITISH ASSURANCE BERHAD v. CHUNG CHOI YOKE [2004] 1 LNS 92 For the Appellant - Cik Sharon Lee; Messrs Lim Kian Leong &Co
High Court		 Issue was summary judgment.
49. SIN HAI ESTATE BERHAD &3 ORS v. LIM JIT KIM @ LIM TIAN JEE & 19 ORS [2003] 1 LNS 16 For the 20th defendant: Miss Neela Solicitor: Messrs Lim Kian Leong & Cot For 1st to 19th Defendants, Messrs Lim Kian Leong is the solicitor.
High Court		 Issue was to set aside writ of summons and statement of claim.
50. BAUER (MALAYSIA) SDN BHD v. PERCON CORPORATION SDN BHD [2003] 1 LNS 268 For the Respondent Miss CC Low Messrs. Lim Kian Leong & Co
High Court		 Issue was arbitration.
51. PETER YIP SHOU SHAN & ANOR v. KUOK KHOON KWONG & ANOR [2003] 1 LNS 392 CK Ong with CC Low for 2nd Defendant (M/s Lim Kian Leong & Co)
High Court		 Issue was whether bill of cost was genuine and if the Defendant had good grounds for challenging the bill of cost.
52. ABAS HOH SDN BHD v. LONGGAIN SDN BHD [2003] 1 LNS 419 Cik Neela Iaduray for appellant/plaintiff (Messrs Lim Kian Leong & Co)
High Court		 Issue was appeal against a striking out of a statement of claim.
53. TAN KIM HOR v. TAN CHONG & MOTOR COMPANY SDN BHD & ORS [2003] 2 CLJ 434 For the 6th defendant - Lim Kian Leong; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Judge - Application to disqualify judge - Judge made adverse findings of fact against plaintiff in earlier action - Whether judge should recuse herself from hearing plaintiff's subsequent action against same defendants - Application of 'real danger of bias' test - Whether adverse comments on conduct of plaintiff in earlier action gave rise to real danger of bias in subsequent action - Whether application to disqualify judge amounted to contempt of court

CIVIL PROCEDURE: Contempt of court - Application to disqualify judge - Whether amounts to contempt of court
54. TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2003] 1 CLJ 472 For the 1st-9th respondents - Lim Kian Leong (Low Chi Cheng); M/s Lim Kian Leong & Co
High Court		 COMPANY LAW: Winding-up - Petition - Application for injunction under petition - Whether allowable - Whether injunction could not be ordered in the course of winding-up petition - Jurisdiction - Whether beyond jurisdiction of court to give injunctive orders unrelated to petition - Companies Act 1965 ss. 218, 221 - Rules of High Court 1980 O. 29 rr. 1, 2

CIVIL PROCEDURE: Action - Commencement - Petition for winding-up - Application for injunction under petition - Whether allowable - Whether constituted wrong mode of commencement - Rules of High Court 1980, O. 29 rr. 1, 1 - Companies Act 1965 s. 218, 221
55. TAN KIM HOR & ORS v. TAN HENG CHEW & ORS [2003] 1 CLJ 634 For the respondents - Lim Kian Leong (Low Chi Cheng, Neela Iadurey); M/s Lim Kian Leong & Co
Court Of Appeal		 COMPANY LAW: Winding up - Just and equitable rule - Application to strike out petition - Company comprising family members - Proper approach - Whether to give due considerations to personal character of relationship between parties - Whether to avoid trial by affidavits - Striking out petition by way of O. 18 r. 19 Rules of the High Court 1980 - Whether undesirable - Companies Act 1965, s. 218(1)(i) - Rules of the High Court 1980, O. 18 r. 19 (1)(a), (b) & (d)

CIVIL PROCEDURE: Striking out - Winding up petition - Striking out petition under O. 18 r. 19 Rules of the High Court 1980 - Whether undesirable - Whether to be resorted to in plain and obvious cases - Rules of the High Court 1980, O. 18 r. 19(1)(a), (b) & (d) - Companies Act 1965, s. 218(1)(i)
56. DYTM TENGKU IDRIS SHAH IBNI SULTAN SALAHUDDIN ABDUL AZIZ SHAH v. DIKIM HOLDINGS SDN BHD & ANOR [2003] 1 CLJ 801 For the plaintiff - Lim Kian Leong (Low Chi Cheng); M/s Lim Kian Leong & Co
Federal Court		 CONSTITUTIONAL LAW : Suit involving ruler - Jurisdiction - Suit filed in High Court before plaintiff became ruler - Whether High Court continued to have jurisdiction to adjudicate suit after plaintiff became ruler - Whether Special Court had the exclusive jurisdiction - Whether High Court had power to transfer suit to Special Court - Whether suit should be withdrawn and refiled in Special Court - Federal Constitution, arts. 38(4), 70(1), 121, 181, 182, 183
57. TAN BOON PUN & 1 LAGI lwn. TUNG PAO SDN BHD & 7 LAGI [2002] 1 LNS 345 Peguam bagi pihak Defendan 8: Encik Lim Kian Leong dari Tetuan Lim Kian Leong & Co
High Court		 Issue is on injunction.
58. YAP MOI v. HONG LEONG BANK BHD [2002] 3 CLJ 562 For the respondent - Lim Kian Leong (Chan Kah Meng); M/s Lim Kian Leong & Co
Court Of Appeal		 BANKING: Banks and banking business - Collection of 'Account payee only' cheques - Cheques banked in favour of third party - No authorisation by named payee - Respondent bank disregarding endorsement "account payee only", "not negotiable" and cancellation of "or bearer/atau pembawa" in cheques - Whether respondent bank acted recklessly - Peculiar contrary banking practice - Whether an accepted defence

NEGOTIABLE INSTRUMENTS: Cheque - 'Account payee only' - Cheques banked in favour of third party - No authorisation by named payee - Whether respondent bank could seek protection under s. 85, Bills of Exchange Act 1949
59. DYTM TENGKU IDRIS SHAH IBNI SULTAN SALAHUDDIN ABDUL AZIZ SHAH v. DIKIM HOLDINGS SDN BHD & ANOR [2002] 3 CLJ 69 For the appellant - Low Chi Cheng (Wong Yoke Peng); M/s Lim Kian Leong & Co
Federal Court		 CONSTITUTIONAL LAW: Suit involving Regent of State - Jurisdiction - Whether plaintiff's suit against defendants should proceed in Special Court and not High Court upon plaintiff's appointment as Regent of Selangor - Interpretation of "Ruler" - Whether a Regent is a "Ruler" under arts. 160, 181, 182 and 183 of the Federal Constitution - Dato' Menteri Othman Baginda & Anor v. Dato' Ombi Syed Alwi Syed Idrus

STATUTORY INTERPRETATION: Construction of statutes - Interpretation of "Ruler" - Whether a Regent is a "Ruler" under arts. 160, 181, 182 and 183 of Federal Constitution - Dato' Menteri Othman Baginda & Anor v. Dato' Ombi Syed Alwi Syed Idrus
60. SYARIKAT YING MUI SDN BHD lwn. DOVINA SDN BHD [2002] 1 LNS 80 Peguamcara bagi pihak Defendan: Tetuan Lim Kian Leong & Co
High Court		 Issue is on Private caveat
61. DOVINA SDN BHD v. SYARIKAT YING MUI SDNr BHD [2001] 1 LNS 181 Cik CC Low (Cik Neela Iaduray with her) for the Plaintiff (M/s Lim Kian Leong & Co)
High Court		 Issue is whether or not the Defendant did make any representations to the Plaintiff to induce the entry into the SPA and if so, the nature of those misrepresentations and secondly whether any agreement was reached in the terms of the Second Supplemental Agreement.
62. HO WAI SENG & SATU LAGI lwn. JOHARI ABAS & SATU LAGI [2001] 5 CLJ 343 For the Plaintiff - CC Low; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE : Cost – Application to review assessment of Senior Assistant Registrar – Rules of the High Court 1980, O. 59 r. 36(2) – Application made before Registrar's Certificate was issued – Whether application was made prematurely – Whether application to file should be allowed
63. LEOW TEOW BENG v. LIEW CHUN WAH & ORS; LIEW CHEE SENG (INTERVENOR) [2000] 5 CLJ 318 For the intervenor - KM Chan; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Affidavits - Exhibit - Exhibit annexed to affidavit-insupport of application - Whether opposing party could use exhibit to contest application - Whether opposing party must file an affidavit in reply annexing exhibit thereto - Rules of the High Court 1980, O. 32 r. 13(2)(b)
64. MUDARIANG STEEL MILLS SDN BHD & ORS v. KWONG YIK BANK BHD & ORS AND ANOTHER SUIT [1999] 7 CLJ 115 For the plaintiffs - Lock Wan Ling; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Costs - Security for costs - Application by defendant - Merits of plaintiff's case - Whether sufficient to resist application
65. IAN JAMES ROGERS v. MENTERI SUMBER MANUSIA, M'SIA [1999] 1 LNS 238 W L Lock (M/s Lim Kian Leong & Co) – insufficient info to see represent who
High Court		 Issue is on employment. – judgment truncated
66. PUBLIC BANK BHD v. NG CHEE PING & ANOR; ABDUL SAMAD ALIAS (THIRD PARTY) [1999] 2 CLJ 505 For the defendants - CC Low; M/s Lim Kian Leong & Co
High Court		 COMPANY LAW: Receivership - Duties of receiver - Whether owes duty of care to borrower/guarantor - Whether has duty to reduce sums/interests due to bank - Whether has duty to collect debts due to borrower - Whether has duty to account to borrower for all rentals and receivables - Equitable duty to act in good faith as opposed to duty of care in negligence

CIVIL PROCEDURE: Third party proceedings - Cause of action - Whether necessary - Whether defendant must issue third party notice containing statement of claim - Rules of the High Court 1980, O. 18 r. 1(1)
67. YAP MOI v. HONG LEONG BANK BHD [1999] 7 CLJ 603 For the defendant - Lim Kian Leong; M/s Lim Kian Leong & Co High Court CIVIL PROCEDURE: Summary judgment - Appeal - Plaintiff's claim for conversion of cheques - Whether there were triable issues - Whether affidavit in support of summary judgment defective - Whether summary judgment should have been granted

CIVIL PROCEDURE: Affidavits - Defective affidavit in application for summary judgment - Failure of plaintiff to apply for leave of court - Rules of the High Court 1980, O. 14 rr. 4 and 7(1) - Whether affidavit could be used to support application for summary judgment
68. BANK KERJASAMA RAKYAT MALAYSIA v. DAYA PLAZA SDN BHD; EMPIRE POSSESSION SDN BHD (INTERVENER) [1998] 5 CLJ 79 For the defendant - KT Tan; M/s Lim Kian Leong & Co
High Court		 LAND LAW: Charge - Chargee's duty to chargor - Sale of Malay reservation land by public auction - Whether proclamation of sale and advertisement ought to state that non-Malays may purchase land also - Whether failure to do so amounts to a misdescription - Whether failure to do so amounts to breach of duty of care owed by chargee to chargor - Whether chargor must prove loss suffered - Failure by chargor to produce valuation report to show land sold at an undervalue - Whether sale by public auction ought to be set aside

LAND LAW: Sale of land - Auction - Setting aside sale by public auction - Undertaking by chargor to postpone auction dishonoured - Whether good grounds for setting aside public auction - Whether chargee should have checked if auction postponed - Whether sale by public auction ought to be set aside

LAND LAW: Sale of land - Auction - Sale of Malay reservation land by public auction - Whether proclamation of sale and advertisement ought to state that non-Malays may purchase land also - Whether failure to do so amounts to a misdescription - Whether failure to do so amounts to breach of duty of care owed by chargee to chargor - Whether sale by public auction ought to be set aside
69. IAN JAMES ROGERS v. MENTERI SUMBER MANUSIA & SATU LAGI (NO 2) [1997] 1 LNS 432 FY Lim (Lim Kian Leong & Co) bagi pihak pemohon.
High Court
 Issue is application of certiori.
70. IAN JAMES ROGERS v. MENTERI SUMBER MANUSIA & SATU LAGI [1997] 1 LNS 433 FY Lim (Lim Kian Leong & Co) bagi pihak pemohon.
High Court		 Issue is obtaining leave for extension of time
71. PETER YEOW YEW TECK v. CHENG SIM MENG [1997] 5 CLJ 449 For the defendant - Low Chi Cheng; M/s Lim Kian Leong & Co
High Court		 CIVIL PROCEDURE: Appeal - Notice of appeal - Filing of - Whether to be filed in registry of High Court - Whether to be filed in registry of court appealed from - Order 49 r. 6(2) Subordinate Courts Rules 1980 - Scope and effect

WORDS & PHRASES: "Time limited for the filing of appeal to the Registrar of the High Court" - Order 49 r. 6(2) Subordinate Courts Rules 1980 - Proper meaning of
72. SIME DIAMOND LEASING (MALAYSIA) SDN. BHD. v. J.B. PRECISION MOULDING INDUSTRIES SDN. BHD. [1997] 2 CLJ 775 For the appellant - Chang Mun Fong; M/s. Lim Kian Leong & Co.
Court Of Appeal		 COMPANY LAW: Winding-up - Deposit paid for lease of machinery - Company wound up - Deposit paid before commencement of winding-up proceedings -Whether deposit paid could be set-off - Whether set-off resulted in undue preference - Whether property in deposits passed to leasee - Whether on date of leasing - Whether property in deposits passed to leasee on date of winding-up or on date of set-off - Whether set-off valid - Whether deposits to revert to liquidator for distribution - Consideration of ss. 223, 233 & 293 of the Companies Act 1965 - Application of ss. 2, 41 & 53(1) of the Bankruptcy Act 1967
73. PUBLIC BANK BHD V C P NG HOLDINGS SDN BHD [1996] 1 LNS 226 Chang Mun Fong with C C Low (Lim Kian Leong & Co) for the respondent.
High Court		 Issue is on winding up
74. FOUR SEAS ENTERPRISE CORPORATION SDN. BHD. v. YAP YEAN CHEONG & ORS. [1996] 2 CL 895 For the defendants - Chang Mun Fong; M/s. Lim Kian Leong & Co.
High Court		 COMPANY LAW: Rectification of register of members of company - Transfer of shares into transferee's name - Whether directors of company can refuse to register transferee's name - Whether powers in articles properly exercised - Delay in seeking relief from Court - Whether laches - Section 162 Companies Act 1965.
75. J.B. PRECISION MOULDING INDUSTRIES SDN. BHD. (DALAM LIQUIDASI) v. SIME DIAMOND LEASING (MALAYSIA) SDN. BHD. [1995] 3 BLJ 235 or 1 LNS 278 For the respondent - Chang Mun Fong (Low Chi Cheng with her); M/s. Lim Kian Leong & Co.
High Court		 COMPANY LAW: Winding-up - Lease agreement - Security deposit paid - Winding-up petition presented - Security deposit retained by lessor - Whether act caught by ss. 223, 233 and 293 Companies Act, 1965 - Whether property in deposit had passed.

LANDLORD AND TENANT - Lease agreement - security deposit - refundable

CIVIL PROCEDURE - Application for deposit and interest
76. HONG LEONG FINANCE BHD v. ZAHAR BIN HJ ARIFFIN & ANOR [1995] 1 LNS 409 Lim Kian Leong (Lim Kian Leong & Co) for the second defendant.
High Court		 Issue is multiplicity of proceedings
77. SCIENTEX INDUSTRIES BHD. v. TEOH CHIN KOK & ANOR. [1994] 4 CLJ 590 For the applicant - M.F. Chang (K.M. Chan with her); M/s. Lim Kian Leong & Co.
High Court		 INDUSTRIAL LAW: Claim for unfair dismissal - Company not present for hearing - Industrial Court determining claimant's case and making award - Claimant awarded backwages and compensation in lieu of reinstatement - Company applying for writ of certiorari to quash award made by Industrial Court.
78. INSAS BHD. v. NADINUSA SDN. BHD. [1992] 2 CLJ 562 (Rep) [1992] 4 CLJ 1859 For the plaintiff - Robert Lazar (Lim Kian Leong with him); M/s. Lim Kian Leong & Co.
High Court		 CIVIL PROCEDURE: Injunction - Preventive relief - Discretion of the Court - Injunction - Whether transaction between parties contrary to Moneylenders Ordinance 1951 - Whether the defendant was an unlicensed moneylender - Whether contract being rendered unenforceable prevents defendant from claiming repayment - Injunction to restrain defendant from presenting petition to wind-up plaintiff - Sections 50, 51 of Specific Relief Act 1950 (Revised 1974) - Companies Act 1965.
79. S. PONNIAH S/O SINNIAH v. SIVALINGAM S/O S. PONNIAH & 9 ORS. [1991] 3 MTC 271 or [1991] 3 CLJ 468 (Rep) or [1991] 2 CLJ 1602 For the 4th to 8th defendants - Lim Kian Leong; M/s. Lim Kian Leong & Co.
High Court		 Company Law: Shares - whether held by children on trust for father - beneficial ownership - doctrine of advancement - presumption - rebuttal - evidence - clear and distinct proof of trust - intention at time of allotment of shares - possession of share certificates - control of companies.

Equity: Doctrine of advancement - whether shares of company held in trust - beneficial interest - rebuttal - clear and distinct evidence of trust - intention at time shares were allotted.
80. KANG KOK KWANG v. BUKIT BARU CENTRE SDN. BHD. & ORS. [1991] 2 CLJ 789 (Rep) or [1991] 1 CLJ 343 For the 5th defendant - Lim Kian Leong; M/s. Lim Kian Leong & Co
High Court		 COMPANY LAW: Trusts - Articles of association - Relationship between trustees and their "cestui que" - Trust not recognised by companies - Companies Act 1965 s. 163(4) .

CONSTITUTIONAL LAW: Courts - Whether has jurisdiction to hear an ex parte oral application to vary or dissolve an injunction - Prerequisites.

CIVIL PROCEDURE: Injunction - Ex parte - Whether Court has jurisdiction to hear an ex parte application to vary or dissolve an injunction - Interlocutory - Right to obtain interlocutory action is not a cause of action.

CIVIL PROCEDURE: Striking out summarily - Plain and obvious cases - Whether omission of allegations in statement of claim can be made good by affidavit evidence - Rules of the High Court 1980 O.18 r. 19.
 
 
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