[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 Affin-Acf Finance & 2 others. This case relates to a striking out application and hire-purchase. The legal principle of this case is that the plaintiff cannot resort to declarations in relation to public interests to further his private rights and that a declaration will not be allowed where it is useless or infructuous.
Justin was the counsel for the first & third contemnors and assisted by Alvin. This is a case on contempt of Court. In this case, the issue was whether the filing of documents in Court which are intentionally back-dated letters would constitute contempt. The Court held that the mere ante-dating of the letters would not constitute contempt which requires an intention to use them to mislead the Court and this should be raised at the Trial and not at the discovery stage.
Justin was the counsel for MAS and assisted by Alvin. This is a case on contractual claim against MAS.
Justin was the counsel for Wong Yu Ke. This is a case on claiming vacant possession by Wong Yu Ke against alleged licensee and interpretation of Section 41 of the Specific Relief Act 1950.
Chooi Peng was the counsel for Citibank Berhad. This is a case on striking out the writ and the statement of claim by the appellant that the declaration for sale of the property by the Bank is null and void.
Justin was the counsel for Uniphoenix. This is a case of winding up action by the Bank without a Judgment being struck out in favour of Uniphoenix. The issues that arose were inter-alia (a) whether the winding up proceedings herein constituted an abuse of process and ought to be struck off; (b) whether there were serious disputes raised by the respondent in relation to the whole of the petitioner's claim; and (c) whether the alleged debt was bona fide disputed on substantive grounds.
Justin was the counsel for Kong Siew Kin. This is a case on application to strike out an action in relation to a High Court suit filed to circumvent Session Court proceedings and the issue of duplicity of proceedings amounting to an abuse of process.
Justin was the counsel for Global Destar. In this case, an application was made for judgment on admission for part of the claim pursuant to Order 27 rule 3 of the Rules of the High Court. The principles pursuant to such an application were extensively discussed in this case.