Looh Keo @ Looh Lim Teng v Looh Chee Peng & Ors [2023] MLJU 2661; [2024] 1 CLJ 467 (High Court)

Trust Claim

Successfully recovered for the Plaintiff the shares which are registered in the name of his children. The High Court held that the presumption of advancement has been sufficiently rebutted and agreed with our submission that it was manifestly plain that the Plaintiff had no intention of gifting shares in his companies to anyone. The High Court accordingly found that the shares were held on trust for the Plaintiff.

Looh Keo @ Looh Lim Teng v Prospell Enterprise Sdn Bhd & Ors [2023] 11 MLJ 129; [2023] 5 CLJ 601 (High Court)

Directors’ Right to Inspect Company Documents

Successfully obtained an Order to allow the Plaintiff, an infirmed octogenarian, to inspect documents of companies in which he is a director and to appoint agents and auditors to assist him in the inspection due to his illiteracy and health issues.

Ng Pak Mui v Tay Mary & Ors [2022] 11 MLJ 115; [2022] CLJU 280 (High Court)

Leave to Commence Derivative Action

Successfully opposed an application for leave to commence derivative action under Sections 347 and 348 of the Companies Act, 2016. The High Court agreed with our submission that the applicant’s complaints to purported misstatements in the directors’ reports is untenable and motivated by a collateral purpose. The proposed derivative action is incompatible with the company’s best interest for it would require the company to formally adopt adverse positions.

Hong Leong Bank Berhad v Ireka Engineering & Construction Sdn. Bhd. & Anor [2024] CLJU 58 (High Court)

Claim against Guarantors | Striking Out

Successfully struck out the counterclaim brought by a corporate guarantor against the co-guarantors. The High Court agreed with our submission that there is no provision under the Contracts Act 1950 that bestows upon a co-guarantor the right to seek indemnity from fellow co-guarantors.

Minority Oppression

Successfully represented the minority shareholder in establishing liability under section 181 of the Companies Act 1965 against the majority shareholder.  The Federal Court accepted our submission that apart from the shareholders, liabilities may also be established against directors of the subject company in a minority oppression claim in appropriate circumstances. 

Minority Oppression | Debenture | Striking Out

Successfully represented the defendant company in an application to strike out an oppression action against the company which was commenced by a security holder of the company under section 346 of the Companies Act 2016.  The High Court held that the security holder lacked the requisite standing to come under section 346. 

Injunction to Restrain Arbitration | Corporate/Shares Dispute

Successfully represented the plaintiff in the action in an application for an injunction to restrain parallel ongoing arbitration proceedings to which he is not a party but which would affect his proprietary rights. The Federal Court emphasised the need to circumvent multiplicity of proceedings and the real risk of inconsistent findings.

Professional Negligence | Nominal Damages

Successfully represented the defendant in the action in arguing for only nominal damages to be awarded on the ground that the plaintiff, although having proved its case, failed to prove the damages and costs incurred by the plaintiff.

Breach of Contract

Successfully represented the defendant in defending against a claim for breach of contract.

Defamation

Successfully represented the defendants in an application to strike out a defamation suit on the ground that absolute privilege applied to protect the defendants being sued for defamation arising out of the limited publication of the impugned letter.

Defamation

Successfully represented a private individual in defending against a defamation suit on the ground that the documents in question which contained the defamatory allegations were protected by absolute privilege.

Injunction | Receiver and Manager | Contentious Probate

Successfully represented the plaintiff in applications, pending final determination of the validity of a deceased’s Last Will and Testament, for an injunction against the defendants to restrain them from conducting and/or holding out as executors or as the beneficiaries of the deceased’s estate and from dealing with the deceased estate and for a Receiver and Manager to be appointed to manage the deceased estate. 

Derivative Action | Striking Out

Successfully represented the defendants in an application to strike out a derivative action brought by the plaintiff on the ground that the plaintiff failed to establish a prima facie case to show that the wrongdoers were in control and were not permitting an action to be brought in the name of the company.

Derivative Action | Striking Out

Successfully represented a defendant in an application to strike out a double derivative action brought by the plaintiff on the ground that the plaintiff had failed to fulfil the locus standi threshold of establishing that the wrongdoers had prevented any action from being taken and had also failed to name all the members of the board in the action as per her allegations.

Committal

Successfully represented a private individual in an application to set aside an ex-parte leave for committal on the ground that there cannot be an act of contempt by an individual who was never a party and never served with the Order alleged to have been breached.   

Mareva Injunction

Successfully represented the defendant company in dismissing an application for a Mareva injunction sought by the plaintiff in respect of the company’s assets.  The High Court emphasised that a Mareva injunction is not intended to give a plaintiff priority over a defendant’s assets or put a plaintiff in the position of a secured creditor.