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2016 MarsdenLR 877

HIGH COURT MALAYA KUALA LUMPUR
SEE TEOW KOON – Appellant
Versus
KIAN JOO CAN FACTORY BERHAD & ORS – Respondent


Petitioner Advocates:R Thayalan,V Sivaparanjothi,VK Lashmi,S Thisinayagam ,Respondent Advocate: Robert Low Choon Chong,James Khong Yoon Hong,Helen Lim Sow Peng,Karen Yong Hwei Woon

JUDGMENT

Wong Kian Kheong JC:

A. Introduction

[1] This is a suit (This Suit) by the plaintiff (Plaintiff) for relief arising from an alleged breach of the Plaintiff's contract of employment (Plaintiff's Employment Contract) with the first defendant company (1st Defendant). The 1st Defendant had gone to extraordinary lengths to resist This Suit when the 1st Defendant's board of directors (BOD) passed a circular resolution on 2 July 2015 (after the Plaintiff had been cross-examined in the trial of This Suit) to purportedly rescind an earlier resolution of the 1st Defendant's BOD passed on 29 November 2002, more than 12 years and 7 months ago.

B. Issues

[2] The following issues, among others, arise in This Suit:

(1) whether the 3 defendant companies (Defendants) could apply for leave of court to re-amend their Amended Defence after the Plaintiff had closed his case in the trial of This Suit;

(2) whether the Plaintiff could call rebuttal witnesses after the close of the Defendants' case in This Suit;

(3) despite the Plaintiff's Employment Contract with the 1st Defendant, can the Plaintiff pierce the corporate veil of the second and third defendant companies (2nd and 3rd Defendants) so as to im


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