[Note: JCW was set up in April 2012 and cases below referred to before April 2012 will be in relation to cases where the respective partners of JCW was involved in whilst attached to other firms. Kindly note that the cases and synopsis set out below are subject to further legal advice from appropriate parties and/or research by parties referring to the same and/or intending to rely on the same]
Recent reported cases by the Partners and Lawyers of JCW :
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.
Justin was the counsel for 4th & 5th defendants and assisted by Alvin. This is a case on striking out of the plaintiff’s case against the defendants based on alleged misrepresentation by the defendants to the public at large pursuant to a website and/or facebook under the Housing Development (Control & Licensing) Regulation 1989 and dismissal of an application for an interlocutory injunction against the defendants.
Chooi Peng and Alvin were the counsel for Affin Bank. This is a case for return of money remitted pursuant to forged remittance forms. After a full Trial, the Court ruled in favour of Affin Bank and this case canvass important principles such as “money had and received” and unjust enrichment.
Justin and Chooi Peng were co-counsel in this case for Dato’ Raja Azwane. This is a case on a dispute on whether the Director’s Circular Resolutions seeking to “resign/ remove” a director under the Companies Act 1965 is tainted with mala fides.
Alvin was the counsel for Mersing Construction. This is a case on a dispute as to whether the building contract is subject to arbitration or dispute adjudication board, which is a novel point in Malaysia.