JCW

Alvin was the counsel for Kha Seng Group. This is a case on an application to set aside the judgment in default of appearance by the defendants which was dismissed by the Court and decided in favour of Kha Seng Group on the ground that it is not a good defence to defeat the landowner’s right to the possession of the land by mere occupation on the land for a long period of time. The interest in equity also cannot defeat the landowner’s right to the property. The Court ruled that whether or not the defendants are entitled to compensation and from whom is a separate and distinct issue which may be the subject matter of a separate and distinct suit and not relevant in this case.

Justin was the counsel for the 1st to 3rd Defendants. In the taxation of Cost proceedings, the Plaintiff raised a preliminary objection that the defendant failed to produce a copy of the Bill of Costs together with the necessary papers and vouchers. The Court held that :- (1) Order 59 r. 20 does not stipulate as to the timeline for the production of the 'copy thereof with all necessary papers and vouchers'. Therefore, the purposive interpretation of these words would mean that they are to be produced as and when necessary. It was thus directory and not mandatory and the deliberate insertion of the word 'necessary' emphasised the directory nature of the order and denoted a discretion vested in the party wishing to tax his costs. (Sarjit Singh Khaira v. Government of Sarawak)”

Alvin was the counsel for Mammoth Empire. This is a case on dismissal of an employee where the Industrial Court ruled that the dismissal by the company is with just cause and excuse as the company has successfully proven that the employee was found to have committed misconduct to the extent that the company’s image was tarnished or caused financial loss to the company. The Industrial Court also further ruled that domestic inquiry is not compulsory in the circumstances if the misconduct by the employee is a very serious misconducts amounting to criminal offences.

Justin was the counsel for Plastech and assisted by Alvin. This is a case on infringement of copyright and action against the defendants for inter-alia passing off, and breach of fiduciary, where Plastech successfully proved this case for inter-alia passing off, breach of copyright, wrongful taking and using of Plastech’s proprietary information, breach of duty of confidentiality and breach of fiduciary duties by the Directors/ Officers.

Justin was the counsel for Lagenda and assisted by Alvin in this appeal to the Court of Appeal. This is a case on application to set aside consent order and the Court of appeal held that a consent order should be set aside when there was “grave injustice” caused and the lawyer who attended court on behalf of Lagenda has no locus to appear when his legal firm had been dissolved.

Justin was the counsel for the plaintiffs. This is a case on dispute of the legal fees payable to the defendant, a solicitor, for handling the plaintiff’s case, which proceeded for Trial. The Court ruled based on Section 116 of the Legal Profession Act that unless the agreement on fees was in writing, it is not enforceable.

Alvin was the counsel for MIDF Amanah. This is a case on appeal by the defendants to set aside a judgment in default granted by the Senior Assistant’s Registrar against them and the said Appeal was dismissed by the High Court.

Justin and Chooi Peng conducted this Probate Action which proceeded for Trial for the Petitioners and the issues involved inter alia the testamentary capacity of the Deceased in an alleged subsequent Will, whether the specific and mandatory requirements under Order 71 r 7(1) of the Rules of High Court 1980 for the original Will to be filed in Court has been complied with, the credibility of witnesses and forgery.