Grace acted as counsel for the Respondent for the application for a stay of the Winding Up Order implemented by the Judicial Commissioner. The High Court made notable observations as to the ‘special circumstances’ that applicants for a stay must establish for a stay of execution to be granted. The High Court touched on the basic principle that a successful litigant should not be deprived of the fruits of his litigation for no good reason and the impact on the contributories of the company to be wounded up.
- Kwan Hung Cheong v Kwan Chee Hang Sdn Bhd & Anor [2019] MLJU 1735 / [2019] 1 LNS 2116
Grace acted as co-counsel for the Appellants to appeal for the winding-up of their company. Grace was retained as lead counsel and obtained leave to appeal to the Federal Court. She argued a novel question of law in an oppression action: whether there can be a finding that the Applicants are in breach of the buy-out order to purchase shares where the said order was made under section 181(2) Companies Act 1965 (now, section 346(2) of the Companies Act 2016) to provide for the purchase of said shares of the Respondent in the absence of a determination of the fair value of the shares by the High Court.
- Kong Yin Siong & Anor v Chin Chee Fui [2019] MLJU 431/[2019] 1 LNS 1128
Grace acted as co-counsel in the High Court and lead counsel in the Court of Appeal in this action for wrongful termination of an agreement to claim rights over land and for specific performance of that agreement. On appeal, Grace successfully overturned the High Court’s decision and obtained a declaration that the termination of the agreement was null and void, which meant the agreement remained valid and subsisting.
- Double Advantage Sdn Bhd v Paduan Hebat Sdn Bhd & Anor [2017] MLJU 1427 / [2017] 1 LNS 1391 refd(5)
Grace acted for the professional engineer and successfully claimed damages for loss of profits arising from unlawful termination of his contract by the employer to implement an infrastructure project.
- Nordin Abdul Rahman v Eramaz (M) Sdn Bhd [2010] 1 LNS 1248 refd(1)