...206 Malayan Law Journal [2009] 1 MLJ Ernst & Young v Maxbiz Corp Bhd COURT OF APPEAL (PUTRAJAYA) — CIVIL APPEAL NO W-02–987 OF 2007 GOPAL SRI RAM, HELILIAH AND AHMAD MAAROP JJCA 30 APRIL 2008 Civil Procedure — Striking out — Action — Whether plaintiff would succeed on pleaded case — Whether appellate court could examine documents and facts to decide whether plaintiff had cause of action — Whether would amount to usurpation of function of trial judge Tort — Negligence — Duty of care — Three fold test — Whether it was fair, just and reasonable to impose duty of care — Whether meticulous examination of facts and circumstances called for A B C D E The plaintiff/respondent was jointly incorporated by two other companies, to take over the assets and liabilities and to inject capital into Geahin Engineering Bhd (‘Geahin’), a public listed company, which had become financially strained. The defendant/appellant was the auditor of Geahin and the adviser of the restructuring scheme. The plaintiff ’s case in the court below was that during the course of the restructure, the defendant had rendered advice to it upon which it acted to its detriment. However, the defendant contended that its advice was accompanied with a caution which sufficiently excluded the defendant from liability to the plaintiff and therefore sought an order to strike out the plaintiff ’s claim under O 18 r 19 of the Rules of the High Court 1980. The application was dismissed by the High Court...
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...Toronto Marlboro Major Junior "A" Hockey Club et al. v. Tonelli et al. 23 O.R. (2d) 193 96 D.L.R. (3d) 135 ONTARIO COURT OF APPEAL ARNUP, ZUBER AND BLAIR, JJ.A. 16TH FEBRUARY 1979. Contracts -- Infants -- Contract of service -- Hockey playing contract whereby infant bound to play for particular team and to pay portion of earnings in early years as professional -- Whether enforceable. T, a hockey player of exceptional ability, then aged 17, entered into a contract with the plaintiff, an amateur hockey club, whereby T agreed to play hockey only for the plaintiff for a period of three or, at the plaintiff's option, four years for minimal remuneration and to pay to the plaintiff 20% of his earnings during his first three years as a professional hockey player. The contract contained other terms highly favourable to the plaintiff including the right to assign the contract or to terminate it at any time, in effect, at the plaintiff's discretion. On attaining the age of 18, T repudiated the agreement and entered into an agreement with H Inc., a professional hockey club, part of the World Hockey Association. An action for damages against T for breach of the contract and against T's agent and the WHA for conspiracy to bring about the breach of contract was dismissed on the ground that the ...
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