Bulletin_03

CLJ Bulletin, Vol 2007, Issue 03

26 January 2007

CLJ Law MALAYSIA

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Introduction:
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New This Week -

1. CLJ January (Part 3) 2007

COURT

CONSENT ORDER

Victor Cham & Anor v. Loh Bee Tuan
(Federal Court) [2007] 1 CLJ 157

COURT OF APPEAL

Transwater Tenaga Sdn Bhd v. APS Technologies Sdn Bhd & Anor
(Whether defendant induced breach of contract between second plaintiff and another party by contracting with that other party) [2007] 1 CLJ 159

HIGH COURT

Ann Wam Tiang v. Gee Siew Yee
(Consent order - Application for variation) [2007] 1 CLJ 175

Ho Kok Thin & Anor v. KMA Marketing Sdn Bhd
(Whether defendant sub-lessee liable for untenantable repair and condition of demised premises) [2007] 1 CLJ 188

Kejuruteraan Taipan (M) Sdn Bhd v. Loh & Loh Construction Sdn Bhd
(Security for costs - Whether plaintiff's winding up sufficient ground to order plaintiff to furnish security for costs) [2007] 1 CLJ 210

Lim Teong Sit & Anor v. Datuk Bandar Kuala Lumpur & Anor
(Judicial review - Planning permission - Duty to aggrieved persons) [2007] 1 CLJ 214

Public Bank Bhd v. Ong Wen Wah & Ors
(Banking - Loan - Whether interest could be claimed for period after borrower company wound up) [2007] 1 CLJ 222

SUBJECT INDEX

ADMINISTRATIVE LAW

Exercise of administrative powers - Judicial review - Planning permission - 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 - Whether aggrieved persons deprived right to be heard - Whether breach of rules of natural justice - Federal Territory (Planning) Act 1982, s. 22(5) - Planning (Development) Rules 1970, r. 14, sub-rr. 5(3)-5(9)
Lim Teong Sit & Anor v. Datuk Bandar Kuala Lumpur & Anor
(Wan Afrah J) [2007] 1 CLJ 214 [HC]

BANKING

Banks and banking business - Loan - Bank's claim for sum owing against directors of borrower company - Whether letter of demand valid - Whether interest could be claimed for period after borrower company wound up - Whether letters of guarantee proper
Public Bank Bhd v. Ong Wen Wah & Ors
(Abdul Wahab Patail J) [2007] 1 CLJ 222 [HC]

CIVIL PROCEDURE

Costs - Security for costs - Defendant's application against plaintiff - Application made on the ground that plaintiff was wound up and prima facie unable to pay costs in the event plaintiff's action dismissed - Whether plaintiff's winding up sufficient ground to order plaintiff to furnish security for costs - Whether also defendant's delay in making application justified
Kejuruteraan Taipan (M) Sdn Bhd v. Loh & Loh Construction Sdn Bhd
(Hishamudin Yunus J) [2007] 1 CLJ 210 [HC]

Judgments and orders - Consent order - Application for variation - Whether consent order disposed of rights between parties - Whether court had jurisdiction to vary consent order due to interlocutory nature of the order made - Whether plaintiff need not commence a fresh action to set aside or vary the consent order
Ann Wam Tiang v. Gee Siew Yee
(Vincent Ng J) [2007] 1 CLJ 175 [HC]

CONTRACT

Breach - Liability - Whether there was a binding contract between plaintiffs and defendant - Whether first plaintiff could sub-contract to defendant - Whether defendant induced breach of contract between second plaintiff and another party by contracting with that other party
Transwater Tenaga Sdn Bhd v. APS Technologies Sdn Bhd & Anor
(Mokhtar Sidin, Azmel Maamor & Zulkefli Makinudin JJCA) [2007] 1 CLJ 159 [CA]

LANDLORD AND TENANT

Determination - Sublease - Whether defendant sub-lessee liable for untenantable repair and condition of demised premises - Whether defendant liable for damages caused by previous tenant
Ho Kok Thin & Anor v. KMA Marketing Sdn Bhd
(David Wong Dak Wah JC) [2007] 1 CLJ 188 [HC]

CASE OF THE WEEK

DATUK SAHAR ARPAN v. PP

CRIMINAL LAW: Emergency (Essential Powers) Ordinance No. 22/1970 - Section 2(1) - Corrupt practice - Accused found guilty of charges of corrupt practice - Appeal against conviction and sentence - Whether accused used his public position for his pecuniary or other advantage - Whether charges proven beyond reasonable doubt - Whether sentence manifestly excessive

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