Yap Chong Yee

Saturday, May 05, 2007

MALAYSIAN JUDICIARY IS NOT ONLY THIRD WORLD BUT ALSO THIRD RATE & THIRD CLASS; UNLIKE SINGAPORE WHICH IS FIRST WORLD AND WORLD CLASS AND SUPERIOR TO H

Malaysia is lawless, and I mean it literally, because Judges are truly and in every sense of the word not accountable and act with impunity, even when they act outside of the law. Take judge Zainon binti Mohd. Ali who presided my wife’s case, SHE AWARDED JUDGMENT TO 3RD RESPONDENT STEPHEN LIM CHENG BAN, in his own right, TO STRIKE OUT MY WIFE’S PETITION TO LIQUIDATE RELIONUS ADJUSTERS SDN. BHD. NOW KNOWN AS McLAREN ADJUSTERS SDN. BHD.; when my wife’s petition for winding up the company named Stephen Lim Cheng Ban as 3rd & mere formal respondent, There was no relief sought by my wife against Stephen Lim Cheng Ban of any kind whatsoever. More importantly, the damned 1st Respondent company did not apply to strike out said petition; the application was only by Stephen Lim AS 3RD RESPONDENT.

Stephen Lim Cheng Ban applied to strike out said petition alleging that my wife sold to him her share, and that since my wife does not own any share in the company she therefore has no capacity to apply for relief under the Companies Act,WHICH WAS A LIE BUT APPLICATION TO CROSS EXAMINE STEPHEN LIM CHENG BAN for PERJURY by my wife was refused by judge Zainon, no reasons were given. My wife made police report of the perjury and forgery but no investigation was initiated by the police.

I am writing to lawyers and they will understand what I am saying. In law Stephen Lim was named as 3rd respondent in his own right that being the case he can only apply for relief from the petition that relates to his own interests ONLY; he has no right or capacity to seek relief FOR THE COMPANY; only the company CAN APPLY FOR RELIEF FROM THE PETITION AS APPLICANT. Stephen Lim cannot INITIATE ANY APPLICATION FOR RELIEF FOR THE COMPANY; and since the company DID NOT INITIATE THE APPLICATION FOR STRIKING OUT, THERE IS IN FACT NO APPLICATION FOR STRIKING OUT MY WIFE’S PETITION, EXCEPT FOR THE APPLICATION FOR STRIKING OUT INITIATED BY STEPHEN LIM. That being the case, and since there is no relief sought by the Petitioner against Stephen Lim, Stephen Lim Cheng Ban’s application is VACUUOUS; it is an empty shell of nothing. It cannot relate to my wife’s petition for the winding up of the Company, because only the respondent company can apply for the striking out of the petition. This analysis forms the fundamental basis for the separation between share holders and the distinct and separate persona of the company. The respondent stands as a separate person from the share holders; share holders are not the company. IT IS OBVIOUS THAT JUDGE ZAINON DID NOT UNDERSTAND OR GRASP THE DIFFERENCE BETWEEN THE COMPANY AND THE SHARE HOLDERS. WENT….OVER….HER…HEAD…La !

Judge Zainon binti Mohd. Ali’s award of judgment for striking out petition RELATES TO NOTHING ! The allegation by Stephen Lim Cheng Ban that he bought the shares of my wife, WHICH MY WIFE DENIES; makes his claim a THIRD PARTY ACTION and in this 3rd party action STEPHEN LIM CHENG BAN becomes the Plaintiff and my wife becomes the Defendant; and since AN APPLICATION FOR STRIKING OUT IS ONLY AVAILABLE TO DEFENDANTS, STEPHEN LIM’S APPLICATION IS SIMPLY PUT “a square peg in a round hole”. His allegation has become a third party claim in his own right, and THIS 3RD PARTY ACTION HAS TO BE TRIED; and if Stephen Lim Cheng Ban can prove his case, it is only then that the COURT CAN HOLD THAT MY WIFE HAS SOLD SHR SHARES TO STEPHEN LIM, and not before.

THE ISSUES ARE SO VERY CLEAR CUT AND EXACT THAT JUSTICE BEFORE THE LAW SCREEMS FOR ACCOUNTABILITY, WHY SHOULD THE COURTS NOT RE-INSTATE THE NORMAL LEGAL PROCESS RELATING TO A MISCARRIAGE OF THE LAW AND JUSTICE ? It is here clearly demonstrated that judge Zainon binti Mohd. Ali’s judgment IS NOT SANCTIONED BY ANY LAW WHATSOEVER. She has abused her OFFICE. Is it not the HONOR OF THE MALAYSIAN JUDICIARY TO RE-INSTATE A CASE THAT has been struck out unsupported by law VACUUOUS AND NOT SANCTIONED BY LAW; and struck out by a judge who does not know that respondent Stephen Lim IS NOT ENTITLED TO APPLY FOR STRIKING OUT BECAUSE HE IS, BY HIS APPLICATION AND ALLEGATION, BECOME THE PLAINTIFF AND MY WIFE HAS BECOME DEFENDANT UNDER STEPHEN LIM’S APPLICATION ? Judge Zainon binti Mohd. Ali knew that if she allowed Petitioner’s application and gave leave for petitioner to cross examine Stephen Lim it will SHOW THAT STEPHEN LIM LIED IN HIS SUPPORTING AFFIDAVIT. This connivance by judge Zainon binti Mohd. Ali makes her an accomplice to the FRAUD PERPETRATED BY THE THREE CRIMINALS STEPHEN LIM CHENG BAN, WONG KEM CHEN AND KWONG SEA YOON. Judge Zainon binti Mohd. Ali and the 3 above named criminals committed the following criminal offences:

(1)conspiracy to commit perjury, (2) conspiracy to commit forgery, (3)conspiracy to pervert the course of justice,(4)conspiracy to commit Fraud.(5) conspiracy to fabricate evidence;

There are other criminal offences that judge Zainon binti Mohd. Ali can be charged with, but that will be too long and cost too much for me to fax. I know that what is stated in these three criminals’ affidavits were PERJURED. I KNOW THAT THEY ARE PERJURED AND IF THESE THREE CRIMINALS PLUS THE YET TO BE CONVICTED JUDGE ZAINON BINTI MOHD. ALI IS OPEN AND ALLOWED TO BE CROSS EXAMINED, it will be too easy to expose them as liars. Just allow me to expose these three criminals are liars and judge Zainon binti Mohd. Ali will face criminal charges. Judge Zainon has already committed these offences by her conduct that is unbecoming and an ABUSE OF HER OFFICE.

MALAYSIA IS LAWLESS. I AGAIN ASK JUDGE Zainon binti Mohd. Ali, WHY SHE WILL NOT COME TO PERTH TORETRIVE HER REPUTATION SINCE SHE IS A JUDGE AND I HAVE CALLED HER A CRIMINAL ? Here in Perth, our judges are proper judges (not like those in Malaysia), and they know their law and their professional integrity and Ethics and true and proper character are truly above and beyond QUESTION.

THE JUDGES IN PERTH ARE JUST AS PROPER AND EDUCATED IN THE LAW LIKE THOSE IN SINGAPORE. SAME STANDARD AS THE JUDGES IN SINGAPORE. Unlike the judges in Malaysia, who do not know the law; quite apart from the fact that judges in Malaysia are corrupt, they are even more uneducated in the law. In Malaysia, you can forget about contract law, forget about living under the law because there is no law AND YOU JUST CANNOT TELL WHAT WILL HAPPEN THE NEXT MOMENT; get a judge and pay her a few ringgit and you can get the judgment that you want.

MALAYSIA IS NOT ONLY THIRD WORLD BUT MORE IN POINT, MALAYSIA IS THIRD RATE AND THIRD CLASS !

yapchongyee@yahoo.com.au

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