问答题

Lim provides printing services under the business name of AC Printing Services (AC). Lim had rented a unit from JTC Corporation (JTC) a year ago. The tenancy agreement included clause 21, which required the landlord ‘in every way to keep the building in good repair’. On 23 March 2011, large chunks of concrete broke off from the ceiling in the unit occupied by AC. Although no-one from AC was hurt in the incident, the chunks of concrete landed on two of AC’s printing machines and severely damaged the machines. Also, as the entire building had to be shut down for inspection by structural engineers, AC had to close for two weeks, resulting in numerous cancellations of their existing services as well as a loss of new deals. To make matters worse, AC was very close to signing a lucrative contract worth $30,000 with a well-known advertising agency which it then lost to a rival firm. Lim is extremely upset and wants to sue JTC. Required: Assuming JTC has breached the tenancy agreement, advise Lim as to: (b) the losses that he may recover from JTC. (4 marks)

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Mega Pte Ltd (Mega) was engaged in the business of real property investment. Alan and Bob incorporated Mega in 1980, with Alan holding 60% of the shares and Bob holding 40% of the shares in Mega. Alan and Bob were directors of the company. Prior to Mega’s incorporation, Alan and Bob were operating the same business as a partnership. Although Alan held more shares than Bob in Mega, Alan always consulted with Bob and decisions of the company were always made by consensus of both directors.Some years later, Alan and Bob died, within months of each other. After Alan and Bob died, their shares were passed on to their children. Alan’s two sons, Don and Elliot, each held 30% of the shares in Mega and both became directors of Mega. Bob’s son, Charles, held 40% of the shares in Mega and was a director of Mega. The board of Mega was split into two rival camps, with Don and Elliot on one side, and Charles on the other side. Charles has told you the following:1. Don and Elliot had diverted investment opportunities to another company they controlled;2. Don and Elliot had removed Charles as director of Mega when he asked questions about the diversion of investment opportunities to the company controlled by Don and Elliot;3. Although Mega was making substantial profits, no dividend was declared. Instead, Mega’s profits were used to pay generous remuneration to Don and Elliot.Charles does not wish to remain as a shareholder of Mega.Required:In relation to the law on minority protection, discuss, with reference to statutory provisions under the Companies Act (Cap 50), the actions that Charles may take, and the remedies he may obtain. (10 marks)
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(b) a floating charge. (6 marks)
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