Bulletin_02

CLJ Bulletin, Vol 2007, Issue 02

19 January 2007

CLJ Law MALAYSIA

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New This Week -

1. CLJ January (Part 2) 2007

COURT

COURT OF APPEAL

Datuk Johari Abdul Ghani & Ors v. QSR Brands Bhd & Ors
(Company law - Meetings - Whether decision by Chairman to adjourn meeting valid) [2007] 1 CLJ 85

Dr David Vanniasingham Ramanathan v. Subang Jaya Medical Centre Sdn Bhd
(Employment - Appellant filed for reinstatement and also sought interlocutory injunction that would enable him to remain in his job until determination of his representations) [2007] 1 CLJ 107

Hoy Pak Kwai v. Leong Kon Fah & Ors
(Company law - Members' rights - Oppression) [2007] 1 CLJ 121

Shelter Christian Fellowship For Aid And Welfare v. Menteri Sumber Manusia Malaysia & Anor
(Labour law - Industrial Court - Reference by minister) [2007] 1 CLJ 151

SUBJECT INDEX

ADMINISTRATIVE LAW

Remedies - Certiorari, application for - Alleged dismissal of 2nd respondent by appellant - Appellant initially notified that 2nd respondent's representations not referred to Industrial Court but subsequently informed that reference was to be made - Whether minister had made two decisions - Whether first letter contained a wrong decision and second letter was sent to correct that administrative slip - Whether minister at fault
Shelter Christian Fellowship For Aid And Welfare v. Menteri Sumber Manusia Malaysia & Anor
(Siti Norma Yaakob, Denis Ong & Haidar Mohd Nor JJCA) [2007] 1 CLJ 151 [CA]

CIVIL PROCEDURE

Injunction - Interim injunction - Cases in which grant or refusal of an injunction would terminate litigation one way or other - Whether must satisfy a higher threshold than American Cynamid test of "serious question to be tried" - Whether court could grant applicant at interlocutory level full relief sought to be secured at final hearing
Datuk Johari Abdul Ghani & Ors v. QSR Brands Bhd & Ors
(Gopal Sri Ram, Ghazali Mohd Yusoff & Tengku Baharudin Shah JJCA) [2007] 1 CLJ 85 [CA]

Injunction - Interlocutory injunction - Non-renewal by respondents of appellant's agreement to practise medicine at respondents' hospital - Appellant filed for reinstatement and also sought interlocutory injunction that would enable him to remain in his job until determination of his representations - Whether High Court capable of granting such injunction
Dr David Vanniasingham Ramanathan v. Subang Jaya Medical Centre Sdn Bhd
(Abdul Aziz Mohamad, Mohd Ghazali Yusoff & Zaleha Zahari JJCA) [2007] 1 CLJ 107 [CA]

Jurisdiction - High Court - Non-renewal by respondents of appellant's agreement to practise medicine at respondents' hospital - Appellant filed for reinstatement and also sought interlocutory injunction that would enable him to remain in his job until determination of his representations - Whether High Court capable of granting such injunction
Dr David Vanniasingham Ramanathan v. Subang Jaya Medical Centre Sdn Bhd
(Abdul Aziz Mohamad, Mohd Ghazali Yusoff & Zaleha Zahari JJCA) [2007] 1 CLJ 107 [CA]

COMPANY LAW

Meetings - Adjournment - Whether decision by Chairman to adjourn meeting valid - Whether Chairman acted under company's Articles of Association in adjourning meeting - Whether common law power of adjournment properly exercised - Whether decision to adjourn unreasonable - Whether continuation of meeting by requisitionists competent and business transacted thereat valid
Datuk Johari Abdul Ghani & Ors v. QSR Brands Bhd & Ors
(Gopal Sri Ram, Ghazali Mohd Yusoff & Tengku Baharudin Shah JJCA) [2007] 1 CLJ 85 [CA]

Members' rights - Oppression - Whether member discriminated against or otherwise prejudiced by acts of majority shareholders - Whether allegations of oppression proven - Whether company ought to be wound-up or majority shareholders ordered to buy member's share at market price - Companies Act 1965, s. 181
Hoy Pak Kwai v. Leong Kon Fah & Ors
(Abdul Aziz Mohamad, James Foong & Zulkefli Ahmad Makinudin JJCA) [2007] 1 CLJ 121 [CA]

LABOUR LAW

Employment - Reinstatement - Non-renewal by respondents of appellant's agreement to practise medicine at respondents' hospital - Appellant filed for reinstatement and also sought interlocutory injunction that would enable him to remain in his job until determination of his representations - Whether High Court capable of granting such injunction
Dr David Vanniasingham Ramanathan v. Subang Jaya Medical Centre Sdn Bhd
(Abdul Aziz Mohamad, Mohd Ghazali Yusoff & Zaleha Zahari JJCA) [2007] 1 CLJ 107 [CA]

Industrial Court - Reference by minister - Alleged dismissal of 2nd respondent by appellant - Appellant initially notified that 2nd respondent's representations not referred to Industrial Court but subsequently informed that reference was to be made - Certiorari - Whether minister had made two decisions - Whether first letter contained a wrong decision and second letter was sent to correct that administrative slip - Whether minister at fault
Shelter Christian Fellowship For Aid And Welfare v. Menteri Sumber Manusia Malaysia & Anor
(Siti Norma Yaakob, Denis Ong & Haidar Mohd Nor JJCA) [2007] 1 CLJ 151 [CA]

CASE OF THE WEEK

LIM TEONG SIT & ANOR V. DATUK BANDAR KUALA LUMPUR & ANOR

Datuk Bandar approved application to convert residential building to pre-school use after earlier rejecting application a number of times - Whether Datuk Bandar owed duty to aggrieved persons to give reasons for change of decision

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