TQ2_W3_C2 UCV4612 2018/2019

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Question 1:
On 21 May 2004, the registered owner of motorcycle No WCF9148 ('the first plaintiff') filed
an action in tort for damages for the injuries and loss suffered by him and the second and third
plaintiffs, who were the first plaintiff's pillion riders, as a result of a road accident on 21 May
1998. The second and third plaintiffs, who were infants at the time of the accident, filed the
action at the sessions court through the first plaintiff, their father as their next friend. It was the
plaintiffs' case that the damages and loss suffered by them was caused by the alleged negligence
of the defendants, the registered owners and rider of motorcycle No CAF2043. The trial at the
sessions court commenced on 9 July 2007, but by an application dated 20 October 2008 and
filed on 28 October 2008, the defendants applied to strike out the plaintiffs' statement of claim
dated 21 May 2004 against them. The striking out application was made on the grounds that
the plaintiffs' cause of action, which was filed on 21 May 2004, was time barred on 20 May
2004. The sessions court judge dismissed the defendants' application to strike out the plaintiffs'
writ and statement of claim. The defendants' appeal against that decision.
Discuss.

Question 2:
A, B, C and D are the children of X and Y. X together with Y incorporated TKC Sdn Bhd
pursuant to the Companies Act 1965. Sometimes in 1997, the company's name was changed to
its present name, TKC Holdings Sdn Bhd ("TKCH").

According to A, there was an oral agreement in 2004 between the X and Y on the one part and
B, C and D on the other part wherein B, C and D were to relinquish and transfer their shares in
TKCH to X and Y. The agreement was made at a meeting in Singapore when X, who was
stricken with nose cancer at the relevant time, was undergoing treatment at Gleneagles
Hospital. A alleged the meeting was attended by A, B, C, D and Y and the solicitor for the
family who witnessed the agenda discussed and the agreement reached thereat.

It was allegedly agreed at the meeting that X and Y were to hold the shareholdings transferred
by B, C and D as trustees for A. Upon the death of X and Y, the shareholdings transferred by
B, C and D would be bequeathed and transferred to A. A alleged that B, C and D failed to
transfer their shares in TKCH to X.
In 2006, Y passed away. In 2015, X suffered a massive stroke. Since then, he has difficulty in
speech and is physically limited.

A is seeking for declarations that the agreement in 2004 is valid and binding on B, C and D
and that the latter ceased to be shareholders in TKCH and the said shares belonged to X. A is
also seeking an order that B, C and D transfer these shares to X.

Discuss.

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