Emas Kiara Sdn Bhd v Michael Joseph Monteiro & Ors  MLJU 1882
The Plaintiff’s application to re-amend its Statement of Claims to include conspiracy claim as an additional cause of action was dismissed by the High Court and Court of Appeal. The Plaintiff then commenced another suit in the High Court regurgitating the conspiracy claim. Mr Benjamin Dawson has successfully applied for the entire action to be struck out for being an abuse of the process of the court.
Sheno Paper Industries Sdn Bhd v. Pacidunia Sdn Bhd  1 MLJ 342
The Court agreed with Mr. Benjamin Dawson’s submission on the extent of the powers of a Receiver and Manager in relation to the sale of certain assets under a debenture.