Receivers and Managers

Emas Kiara Sdn Bhd v Michael Joseph Monteiro & Ors; Farcoll Estate Sdn Bhd (Interveners) [2017] 3 CLJ 605

The Plaintiff sought specific performance of a contract for the sale and purchase of an abandoned township arising from an expression of interest conducted by the Receivers and Managers. The High Court found no contract on the evidence before it. The Court of Appeal reversed that finding but declined specific performance. The Receivers and Managers’ appeal to the Federal Court was successful and the High Court judgment was reinstated. Messrs Benjamin Dawson acted for the Receivers and Managers.

Emas Kiara Sdn Bhd v Michael Joseph Monteiro & Ors [2015] 7 CLJ 450; [2015] 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 [2000] 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.

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