LETTER TO CHIEF JUDGE, HIGH COURT, MALAYA

Yap Chong Yee
Date : 12th Nov.,2007
To,
The Chief Judge, High Court,
Malaya,

Your Honour (YAB),

Re :KL High Court Originating Petition No. : D2-26-41-2001
Lim Choi Yin v. McLaren Saksama(Malaysia) Sdn. Bhd. & 5 others.

I refer to the above Originating Petition of which my wife is the petitioner; and to the abuse of power that the presiding Judge, Judge Zainon binti Mohd. Ali had carried out to STRIKE OUT my wife’s petition under the pretext that said petition had shown no cause of action. I have set out the full facts of judge Zainon binti Mohd. Ali on my BLOGG at http://www.yapchongyee.blogspot.com.

My wife’s case is very black & white; what could be more simple than to plead that she as one of the only two promoters, directors and share holders had never ever passed any legitimate company resolution and therefore by the rule set in the case of Kelapa Sawit (Telok Anson) Sdn Bhd. v. Yeoh Kim Leng (1990) Court of Appeal case, which decided that any share issued by a company that is not supported and evidenced by a valid company resolution IS VOID IN ALL CIRCUMSTANCES. Therefore the only evidence that will refute Petitioner’s claim is for the respondent company to produce the resolution that authorized the company to issue share/shares to Mr Wong Kem Chen (respondent). This is the only issue that will decide the case. Judge Zainon binti Mohd. Ali DID NOT IN ANY WAY DEAL WITH THIS ISSUE AND SHE STRUCK OUT MY WIFE’S PETITION TOTALLY UNSANCTIONED BY LAW. Judge Zainon binti Mohd. Ali in abusing her powers and her office COMMITTED MALFEASANCE, which is both a criminal offence and a tort, and I will pursue her for damages at the correct time.

It was related or recounted to me by our Counsel, Mr David Hoh that Judge Zainon binti Mohd. Ali had said (after my complaint to Chief Judge, President Bar Council, Sec. Bar Council, The Attorney General and also I published contents in my Blogg and I sent email to many legal practitioners) to My David Hih that if we do not like her judgment we can appeal to the court of appeal. It is disgraceful that Judge Zainon binti Mohd. Ali, a judge of the high Court of Malaysia is so incapable of making logical sense of what she says.

Let us consider her challenge that “if we do not like her STRIKE OUT ORDER” then we have the right to appeal” Right there we can see what an idiot and a fool she had been to says those words; the point in fact is that all parties, Petitioner, 1st, 2nd, 3rd, 4th, 5th and 6th RESPONDENTS, all the parties to the petition, AGREE to accept judge Zainon binti Mohd. Ali AWARD of RM60,000 as security for costs; BECAUSE NOBODY APPEALED THE DECISION, NOT EVEN STEPHEN LIM, WHO WAS THE ONLY APPLICANT FOR THE ORDER TO STRIKE OUT THE PETITION. Your Honour (YAB), please remember that NOBODY APPEALED JUDGE ZAINON BINTI Mohd. Ali’s award of security for costs including Stephen Lim Cheng Ban. Please also remember that Petitioner enforced her side of Judge Zainon biinti Mohd. Ali’s award by paying the rm.60,000 to M/S Mathews who accepted the rm.60,000 for all 6 respondents. THE AWARD OF SECURITY FOR COSTS WAS DULY ENFORCED BY PETITIONER.

In these circumstances, for judge Zainon binti Mohd. Ali to even entertain a consideration of Stephen Lim’s Application for an Order to strike out said petition, Judge Zainon binti Mohd. Ali had first to set aside her own order for security for costs which petitioner had enforced. There was no order by Judge zainon binti Mohd. Ali to set aside the original and first order for security for costs.

Coming back to my point that judge Zainon binti Mohd. Ali has no brains, is exactly the point, NOBODY WAS UNHAPPY WITH THE SECURITY FOR COSTS AWARD; SO WHERE IS THE APPEAL. WE ARE ALL FUCKING VERY HAPPY INCLUDING STEPHEN LIM CHENG BAN; SO WHERE IS THE NEED FOR APPEAL ?

There is no PROCEDURAL NOR SUBSTANTIVE LAW that will sanction Judge Zainon binti Mohd. Ali to award to Stephen Lim Cheng Ban the right to strike out said Petition. Judge Zainon binti Mohd. Ali’s action are criminal, tortuous, unethical and vindictive. Judge Zainon binti Mohd. Ali is unfit to continue in her office and she will be in JAIL IN ANY OTHER JURISDICTION OTHER THAN IN MALAYSIA WHERE IT IS LAWLESS.

It is just not fucking right that a most senior Judge of the Malaysian Court is allowed to ACT OUTSIDE THE LAW AND CONTINUE TO BEHAVE WITH IMPUNITY.

COPIES :

The Attorney General, Malaysia

President Bar Council,

Secretary Bar Council

Email to members of the Bar

Email to all Foreign Firms operating in Malaysia.

Blogg :http://www.yapchongyee.blogspot.com

Email :yapchongyee@yahoo.com.au

From the foregoing discussion, I want to make it clear that our Counsel, Mr David Hoh had been acting for us in a manner that is PROFESSIONALLY NEGLIGENT AND I WILL TAKE ACTION FOR DAMAGES ON THE MATTER.

My claim against Mr David Hoh is that he should have applied to strike out Stephen Lim’s Application for striking out the petition. There was no basis that could justify Judge Zainon binti Mohd. Ali entertaining the application for striking out because the award for security for costs was already ENFORCED. I SHALL FORMALLY WRITE TO Mr David on the issue at the right time.