Bulletin_03

CLJ Bulletin, Issue 2012, Vol 3

20 January 2012

CLJ Law Malaysia

http://www.cljlaw.com

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New This Week	1. Legislation Highlights
	2. Articles
	a) Legal Network Series Articles
	3. Latest Cases
	a) Legal Network Series
	b) CLJ Volume 9 (Part 8) 2011
	c) CLJ Volume 1 (Part 1) 2012

1. Legislation Highlights

Principal Acts

NUMBER
TITLE

DATE COMING INTO FORCE

REPEALING

ACT 731 Money Services Business Act 2011 1 December 2011 [PU(B) 590/2011] ACT 577

ACT 732 National Wages Consultative Council Act 2011 23 September 2011 [PU(B) 507/2011] - Nil -

ACT 733 Kampong Bharu Development Corporation Act 2011 Not Yet In Force - Nil -

ACT 734 Restricted Residence (Repeal) Act 2011 31 December 2011 ACT 377

ACT 735 Banishment (Repeal) Act 2011 31 December 2011 ACT 79

Amending Acts

NUMBER
TITLE

DATE COMING INTO FORCE

PRINCIPAL / AMENDING ACT NO

ACT A1408 Supply Act 2012 31 December 2011 -

ACT A1409 Pensions (Amendment) Act 2011 1 January 2012 ACT 227

ACT A1410 Statutory And Local Authorities Pensions (Amendment) Act 2011 1 January 2012 ACT 239

ACT A1411 Pensions Adjustment (Amendment) Act 2011 1 January 2012 ACT 238

ACT A1412 Judges Remuneration (Amendment) (No 2) Act 2011 1 January 2012 ACT 45

PU(A)

NUMBER TITLE DATE COMING INTO FORCE
PRINCIPAL / AMENDING ACT NO

PU(A) 443/2011 Income Tax (Deduction For Expenditure On Issuance Of Islamic Securities) Rules 2011 31 December 2011 ACT 53

PU(A) 444/2011 Income Tax (Exemption) (No 10) Order 2011 31 December 2011 ACT 53

PU(A) 445/2011 Income Tax (Exemption) (No 11) Order 2011 31 December 2011 ACT 53

PU(A) 446/2011 Stamp Duty (Exemption) (No 4) Order 2011 31 December 2011 ACT 378

PU(A) 447/2011 Stamp Duty (Exemption) (No 5) Order 2011 31 December 2011 ACT 378

PU(B)

NUMBER TITLE DATE COMING INTO FORCE
PRINCIPAL / AMENDING ACT NO

PU(B) 016/2012 Reservation Of Land For Public Purpose - Federal Territory Of Kuala Lumpur: Mukim - Kuala Lumpur 6 January 2012 ACT 56/1965

PU(B) 017/2012 Reservation Of Land For Public Purpose - Federal Territory Of Kuala Lumpur: Mukim - Setapak 6 January 2012 ACT 56/1965

PU(B) 018/2012 Exemption From Paragraphs 5(1)(A) And (B) Of The Arms Act 1960 11 January 2012 ACT 206

PU(B) 019/2012 Appointment Of Deputy Public Prosecutor Of The Criminal Procedure Code 12 January 2012 ACT 593

PU(B) 020/2012 Appointment Of Deputy Public Prosecutors Of The Criminal Procedure Code 12 January 2012 ACT 593

2. Articles

a) Legal Network Series Articles

1. Rebroadcasting ^{[Read
excerpt]}
By Pretam Singh Darshan Singh*

2. Planning Appeal Mechanism In Malaysia: A Case For A Establishing A Specialised Dispute Resolution Tribunal ^{[Read
excerpt]}
By Ainul Jaria Maidin*

3. Latest Cases

a) Legal Network Series

CITATION TITLE SUBJECT

[2011] 1 LNS 17 [HC] Utusan Melayu (Malaysia) Berhad v. Prestige Freight & Forwarding (M) Sdn Bhd & Ors

CONTRACT: Agency - 1^st defendant responsible to advise plaintiff on Custom Duty payable to Custom Department - Payment of Custom Duty made by plaintiff to 3^rd defendant - Whether payment made without authorisation and/or instruction from 1^st defendant - No complaint and/or notice received by plaintiff from either 1^st or 5^th defendant on issue of non-receipt of payment - Whether 1^st defendant clothed 2^nd and 3^rd defendants with authority to represent 1^st defendant and to bind 1^st defendant - Whether 1^st defendant liable to plaintiff for Custom Duty paid on the instruction of 1^st defendant to 3^rd defendant

CONTRACT: Breach - 1,100 newsprint rolls missing - Whether proven that the same went missing whilst in 1^st defendant's custody - Whether 1^st defendant breached terms of agreement by failing to provide a safe storage for Newsprint Rolls resulting in loss - Whether plaintiff entitled to claim for missing newsprint rolls

CONTRACT: Misrepresentation - 1^st defendant claiming warehouse wholly owned by 1^st defendant and fit for storage of the Newsprint Rolls - Failure to disclose non-ownership of warehouse - Whether a misrepresentation of fact by 1^st defendant - Whether plaintiff entitled to rental charges it had to pay before it could collect its newsprint rolls from warehouse - Contracts Act 1950, ss. 18 & 19

[2011] 1 LNS 31 [HC] Pook Li Ping v. Mahkamah Perusahaan Malaysia & Anor

ADMINISTRATIVE LAW: Judicial review - Certiorari - Finding by Industrial Court that applicant's dismissal was with just cause or excuse - Whether there was a surplus to justify applicant's retrenchment - Whether Industrial Court committed errors of law by failing to consider crucial matters in making its finding that 2^nd respondent's act was bona fide - Whether decision of Industrial Court was illegal, irrational or suffered from procedural impropriety to merit intervention

[2011] 1 LNS 33 [HC] Chai Beng Hock v. Sabah Medical Centre Sdn Bhd & Ors

TORT: Negligence - Medical negligence - Screws incorrectly positioned during surgery - Course of action taken by 3^rd defendant after discovery - Whether post surgery complications were caused by 3^rd defendant's failure to advise plaintiff to undergo immediate corrective surgery to rectify the incorrectly positioned upper screw - Whether there was breach of duty of care - Whether pain and disabilities suffered by plaintiff were caused by treatment rendered by 3^rd defendant

TORT: Negligence - Medical negligence - Vicarious liability - Whether plaintiff bound by agreement between 1^st and 3^rd defendants stating 3^rd defendant practising as independent consultant - Whether 1^st defendant had a duty to ensure that doctors who practiced at the hospital had the necessary skill and competency to treat patients - 2^nd defendant was employer of 3^rd defendant - Whether 1^st and 2^nd defendants vicariously liable to plaintiff for 3^rd defendant's negligence

[2011] 1 LNS 41 [HC] Setiawah @ Siti Hawa Abd Talib & Ors v. Kamaruddin Haji Abd Talib

LAND LAW: Sale of land - Order of court - Co-ownership of lands - Plaintiffs securing a firm offer to purchase lands - Offer of prospective buyer above market value and earnest deposit paid - Partition of land not feasible - Refusal of defendant to consent to sale - Impasse - Justice of the case - Whether necessary or expedient for the Court to order property to be sold despite objection of one of the co owners

[2011] 1 LNS 77 [HC] Huang Ai O & Anor v. Yoon Sang Ki & Anor; Nishimatsu Construction Co Ltd & Ors (Interveners) (No 3)

CIVIL PROCEDURE: Judgments and orders - Consent Order - Sum of SGD367,000 paid by 2^nd intervener to plaintiffs' solicitors pursuant to said order - Receivers and Managers yet to be appointed at point of payment - No proof that plaintiffs and Receivers and Managers for 2^nd defendant had legitimate claim against 2^nd intervener for SGD367,000 - Whether said sum should be returned to 2^nd interveners subject to deductions - Whether monies paid by 2^nd intervener to plaintiffs' solicitors were monies due to 2^nd defendant - Whether Receivers and Managers entitled to the same

COMPANIES AND CORPORATIONS: Indoor management rule - Payment of SGD426,554 by 2^nd Intervener to Kecom Pte. Ltd. and not to 2^nd defendant - Plaintiffs and Receivers and Managers claiming said sum was debt due from 2^nd intervener to 2^nd defendant - Whether said sum was paid by 2^nd intervener on instructions of 2^nd defendant - Whether 2^nd intervener obliged to make inquiries into internal affairs of 2^nd defendant - Whether 2^nd defendant's act was regular and payments to Kecom Pte. Ltd. by 2^nd intervener valid

CITATION	TITLE	SUBJECT
[2011] 1 LNS 17 [HC]	Utusan Melayu (Malaysia) Berhad v. Prestige Freight & Forwarding (M) Sdn Bhd & Ors	CONTRACT: Agency - 1^st defendant responsible to advise plaintiff on Custom Duty payable to Custom Department - Payment of Custom Duty made by plaintiff to 3^rd defendant - Whether payment made without authorisation and/or instruction from 1^st defendant - No complaint and/or notice received by plaintiff from either 1^st or 5^th defendant on issue of non-receipt of payment - Whether 1^st defendant clothed 2^nd and 3^rd defendants with authority to represent 1^st defendant and to bind 1^st defendant - Whether 1^st defendant liable to plaintiff for Custom Duty paid on the instruction of 1^st defendant to 3^rd defendant CONTRACT: Breach - 1,100 newsprint rolls missing - Whether proven that the same went missing whilst in 1^st defendant's custody - Whether 1^st defendant breached terms of agreement by failing to provide a safe storage for Newsprint Rolls resulting in loss - Whether plaintiff entitled to claim for missing newsprint rolls CONTRACT: Misrepresentation - 1^st defendant claiming warehouse wholly owned by 1^st defendant and fit for storage of the Newsprint Rolls - Failure to disclose non-ownership of warehouse - Whether a misrepresentation of fact by 1^st defendant - Whether plaintiff entitled to rental charges it had to pay before it could collect its newsprint rolls from warehouse - Contracts Act 1950, ss. 18 & 19
[2011] 1 LNS 31 [HC]	Pook Li Ping v. Mahkamah Perusahaan Malaysia & Anor	ADMINISTRATIVE LAW: Judicial review - Certiorari - Finding by Industrial Court that applicant's dismissal was with just cause or excuse - Whether there was a surplus to justify applicant's retrenchment - Whether Industrial Court committed errors of law by failing to consider crucial matters in making its finding that 2^nd respondent's act was bona fide - Whether decision of Industrial Court was illegal, irrational or suffered from procedural impropriety to merit intervention
[2011] 1 LNS 33 [HC]	Chai Beng Hock v. Sabah Medical Centre Sdn Bhd & Ors	TORT: Negligence - Medical negligence - Screws incorrectly positioned during surgery - Course of action taken by 3^rd defendant after discovery - Whether post surgery complications were caused by 3^rd defendant's failure to advise plaintiff to undergo immediate corrective surgery to rectify the incorrectly positioned upper screw - Whether there was breach of duty of care - Whether pain and disabilities suffered by plaintiff were caused by treatment rendered by 3^rd defendant TORT: Negligence - Medical negligence - Vicarious liability - Whether plaintiff bound by agreement between 1^st and 3^rd defendants stating 3^rd defendant practising as independent consultant - Whether 1^st defendant had a duty to ensure that doctors who practiced at the hospital had the necessary skill and competency to treat patients - 2^nd defendant was employer of 3^rd defendant - Whether 1^st and 2^nd defendants vicariously liable to plaintiff for 3^rd defendant's negligence
[2011] 1 LNS 41 [HC]	Setiawah @ Siti Hawa Abd Talib & Ors v. Kamaruddin Haji Abd Talib	LAND LAW: Sale of land - Order of court - Co-ownership of lands - Plaintiffs securing a firm offer to purchase lands - Offer of prospective buyer above market value and earnest deposit paid - Partition of land not feasible - Refusal of defendant to consent to sale - Impasse - Justice of the case - Whether necessary or expedient for the Court to order property to be sold despite objection of one of the co owners
[2011] 1 LNS 77 [HC]	Huang Ai O & Anor v. Yoon Sang Ki & Anor; Nishimatsu Construction Co Ltd & Ors (Interveners) (No 3)	CIVIL PROCEDURE: Judgments and orders - Consent Order - Sum of SGD367,000 paid by 2^nd intervener to plaintiffs' solicitors pursuant to said order - Receivers and Managers yet to be appointed at point of payment - No proof that plaintiffs and Receivers and Managers for 2^nd defendant had legitimate claim against 2^nd intervener for SGD367,000 - Whether said sum should be returned to 2^nd interveners subject to deductions - Whether monies paid by 2^nd intervener to plaintiffs' solicitors were monies due to 2^nd defendant - Whether Receivers and Managers entitled to the same COMPANIES AND CORPORATIONS: Indoor management rule - Payment of SGD426,554 by 2^nd Intervener to Kecom Pte. Ltd. and not to 2^nd defendant - Plaintiffs and Receivers and Managers claiming said sum was debt due from 2^nd intervener to 2^nd defendant - Whether said sum was paid by 2^nd intervener on instructions of 2^nd defendant - Whether 2^nd intervener obliged to make inquiries into internal affairs of 2^nd defendant - Whether 2^nd defendant's act was regular and payments to Kecom Pte. Ltd. by 2^nd intervener valid

b. CLJ Volume 9 (Part 8) 2011

COURT

COURT OF APPEAL

Puncak Niaga (M) Sdn Bhd v. NZ Wheels Sdn Bhd
Abdul Malik Ishak, Kang Hwee Gee, Azhar Ma'ah JJCA
(Sale Of Goods - Motor car - Claim against car dealer - Consumer Protection Act 1999, ss. 32 & 45 - Sale of Goods Act 1957, s. 12(2)) [2011] 9 CLJ 833 [CA]

Tan Sri Datuk Paduka (Dr) Ting Pek Khiing v. Hu Chang Pee
Zaleha Zahari, Ramly Ali, Kang Hwee Gee JJCA
(Civil Procedure; Contract - Claim for moneys owing - Whether claim set off against debts owed - Whether claim statute-barred - Whether abuse of process) [2011] 9 CLJ 859 [CA]

Wong Sin Fan & Ors v. Ng Peak Yam & Anor
Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA
(Company Law; Civil Procedure - Liquidators - Removal - Res judicata) [2011] 9 CLJ 873 [CA]

HIGH COURT

Asen Tapeng v. James Baeng & Ors
Rhodzariah Bujang JC
(Road Traffic; Tort - Driving under influence of drink - Self-accident - Vicarious liability - Defence of volenti non fit injuria) [2011] 9 CLJ 901 [HC]

Colleen Jee Siaw Ling v. Walton International Property Group (M) Sdn Bhd
Ravinthran Paramaguru JC
(Labour Law; Civil Procedure - Industrial Court - Power to order for stay - Judicial review) [2011] 9 CLJ 907 [HC]

Khalid Hj Abdullah & Yang Lain lwn. Nanyang Neon Signs Sdn Bhd
Yaacob Md Sam H
(Acara Sivil; Bankrapsi; Kontrak - Pelupusan tindakan tanpa bicara - Kapasiti bankrap - Jual beli tanah) [2011] 9 CLJ 916 [HC]

Ng Siew Lan v. John Lee Tsun Vui & Ors
David Wong Dak Wah J
(Contract; Legal Profession - Sale and purchase of land - Solicitors - Duty of care) [2011] 9 CLJ 945 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Abuse of process - Action - Whether two actions on same facts - Whether constituted abuse
Tan Sri Datuk Paduka (Dr) Ting Pek Khiing v. Hu Chang Pee
(Zaleha Zahari, Ramly Ali, Kang Hwee Gee JJCA) [2011] 9 CLJ 859 [CA]

Action - Claim for moneys owing - Plaintiff's claim for return of fees paid to defendant upon defendant's failure to secure logging contract - Fees paid - Whether advanced by company and not plaintiff director in individual capacity - Failure by judge to consider relevant paragraphs in affidavits affirming suit should be instituted by company and not plaintiff - Propriety of suit instituted by plaintiff in the circumstances - Debts owed by plaintiff to defendant - Whether claim set off against debts owed
Tan Sri Datuk Paduka (Dr) Ting Pek Khiing v. Hu Chang Pee
(Zaleha Zahari, Ramly Ali, Kang Hwee Gee JJCA) [2011] 9 CLJ 859 [CA]

Judicial review - Application - Failure to state relief sought in statutory statement as required by O. 53 Rules of the High Court 1980 - Relevant party also not added to suit - Whether application proper in the circumstances
Colleen Jee Siaw Ling v. Walton International Property Group (M) Sdn Bhd
(Ravinthran Paramaguru JC) [2011] 9 CLJ 907 [HC]

Judicial review - Interim award - Interim award for stay of Industrial Court proceedings in Kuching pending outcome of related civil suit filed in Kuala Lumpur - Whether Industrial Court had power to order for stay - Whether application to quash interim award allowed - Industrial Court Act 1967, ss. 20, 29 - Rules of the High Court 1980, O. 53
Colleen Jee Siaw Ling v. Walton International Property Group (M) Sdn Bhd
(Ravinthran Paramaguru JC) [2011] 9 CLJ 907 [HC]

Res judicata - Issue estoppel - Appeal against dismissal of application to remove liquidators - Issues raised by appellant resolved in previous suit between parties - Consent order entered in suit without liberty to file afresh - Whether appellants barred from raising same issues in appeal - Whether sufficient cause shown for removal of liquidators - Whether appellants motivated by selfish personal reasons to remove liquidators - Whether abuse of process of court
Wong Sin Fan & Ors v. Ng Peak Yam & Anor
(Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA) [2011] 9 CLJ 873 [CA]

COMPANY LAW

Liquidators - Removal - Appellants appealing against dismissal of application to remove liquidators - Whether sufficient cause shown for removal - Whether appellants motivated by selfish personal reasons to remove liquidators - Issues resolved in previous suit between parties and consent order entered without liberty to file afresh - Whether appellants barred from raising same issues on appeal
Wong Sin Fan & Ors v. Ng Peak Yam & Anor
(Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA) [2011] 9 CLJ 873 [CA]

CONTRACT

Claim for moneys owing - Plaintiff's claim for return of fees paid to defendant upon defendant's failure to secure logging contract - Fees paid - Whether advanced by company and not plaintiff director in individual capacity - Failure by judge to consider relevant paragraphs in affidavits affirming suit should be instituted by company and not plaintiff - Propriety of suit instituted by plaintiff in the circumstances - Debts owed by plaintiff to defendant - Whether claim set off against debts owed
Tan Sri Datuk Paduka (Dr) Ting Pek Khiing v. Hu Chang Pee
(Zaleha Zahari, Ramly Ali, Kang Hwee Gee JJCA) [2011] 9 CLJ 859 [CA]

Limitation - Conditional contract - Claim for return of fees paid upon failure to secure logging contract - Whether claim statute-barred - Limitation Ordinance (Cap. 49) Sarawak, s. 3
Tan Sri Datuk Paduka (Dr) Ting Pek Khiing v. Hu Chang Pee
(Zaleha Zahari, Ramly Ali, Kang Hwee Gee JJCA) [2011] 9 CLJ 859 [CA]

Sale and purchase of land - Solicitor - First defendant solicitor for plaintiff in land transaction - Plaintiff issued letter of discharge to first defendant - Whether plaintiff aware of consequence of signing discharge letter - Whether first defendant owed duty to plaintiff after letter was issued - Whether plaintiff had proved the same - Whether first defendant breached duty to plaintiff - Land owner was a bankrupt - Whether first defendant should conduct bankruptcy search on land owner - Official Assignee did not claim interest to land - Whether defendants should be held responsible for omission of Official Assignee
Ng Siew Lan v. John Lee Tsun Vui & Ors
(David Wong Dak Wah J) [2011] 9 CLJ 945 [HC]

LABOUR LAW

Industrial Court - Powers - Order for stay - Whether Industrial Court had power to order for stay - Industrial Court Act 1967, ss. 20, 29
Colleen Jee Siaw Ling v. Walton International Property Group (M) Sdn Bhd
(Ravinthran Paramaguru JC) [2011] 9 CLJ 907 [HC]

Industrial Court - Stay of proceedings - Stay pending outcome of civil suit for damages filed by employer against employee - Whether stay order prevented case to be disposed of expeditiously as required by Industrial Court Act 1967 - Whether Minister's statutory exercise of power under s. 20(3) of Act affected - Whether application to quash interim award for stay allowed
Colleen Jee Siaw Ling v. Walton International Property Group (M) Sdn Bhd
(Ravinthran Paramaguru JC) [2011] 9 CLJ 907 [HC]

LEGAL PROFESSION

Solicitors - Duty of care - First defendant solicitor for plaintiff in land transaction - Plaintiff issued letter of discharge to first defendant - Whether first defendant owed duty to plaintiff thereafter - Whether first defendant breached said duty
Ng Siew Lan v. John Lee Tsun Vui & Ors
(David Wong Dak Wah J) [2011] 9 CLJ 945 [HC]

ROAD TRAFFIC

Driving under influence of drink - Admissibility of blood specimen - Specimen taken five days after accident and no preservative added to prevent degeneration - Whether chemist reasons on reliability of sample acceptable
Asen Tapeng v. James Baeng & Ors
(Rhodzariah Bujang JC) [2011] 9 CLJ 901 [HC]

Driving under influence of drink - Self-accident - No direct evidence to prove deceased's intoxication was cause of accident - Alcohol level nearly three times the prescribed limit under Road Transport Act 1987 - Whether probable inference that deceased was intoxicated at time of accident - Whether deceased's inebriety had caused the same
Asen Tapeng v. James Baeng & Ors
(Rhodzariah Bujang JC) [2011] 9 CLJ 901 [HC]

SALE OF GOODS

Motor car - Claim against car dealer - Appellant bought new luxury model Mercedes-Benz car from respondent - Car failed to start on seven occasions after purchase despite repairs - Suit by appellant for relief under Consumer Protection Act 1999 - Whether car unfit for purpose and not of acceptable quality - Whether respondent breached implied conditions and/or guarantees under said Act - Whether appellant entitled to reject car by leaving it at respondent's workshop - Consumer Protection Act 1999, ss. 32 & 45 - Sale of Goods Act 1957, s. 12(2)
Puncak Niaga (M) Sdn Bhd v. NZ Wheels Sdn Bhd
(Abdul Malik Ishak, Kang Hwee Gee, Azhar Ma'ah JJCA) [2011] 9 CLJ 833 [CA]

TORT

Vicarious liability - Road accident - Whether employer liable - Whether injury in the course of employment - Whether defence of volenti non fit injuria applicable
Asen Tapeng v. James Baeng & Ors
(Rhodzariah Bujang JC) [2011] 9 CLJ 901 [HC]

INDEKS PERKARA

ACARA SIVIL

Pelupusan tindakan tanpa bicara - Pelupusan kes mengenai hal undang-undang - Perjanjian jual beli di antara plaintif-plaintif dan defendan - Plaintif adalah bankrap apabila perjanjian itu dimasuki - Sama ada perjanjian itu tidak sah di bawah peruntukan Akta Kebankrapan 1967 - Tanah-tanah di dalam perjanjian jual beli diambil secara wajib oleh Pentadbir Negeri - Sama ada doktrin kekecewaan terpakai di bawah s. 57(2) Akta Kontrak 1950 - Defendan membuat bayaran penuh baki harga jualan - Sama ada perjanjian jual beli sempurna dilaksanakan - Kaedah-Kaedah Mahkamah Tinggi 1980, A. 14A
Khalid Hj Abdullah & Yang Lain lwn. Nanyang Neon Signs Sdn Bhd
(Yaacob Md Sam H) [2011] 9 CLJ 916 [HC]

BANKRAPSI

Kapasiti bankrap - Jualan tanah oleh bankrap yang belum dilepaskan - Plaintif-plaintif adalah pemilik bersama hartanah - Plaintif kedua adalah bankrap ketika perjanjian jual beli dimasuki - Sama ada seorang bankrap boleh memasuki kontrak di bawah peruntukan Akta Kebankrapan 1967 - Sama ada perjanjian jual beli tidak sah
Khalid Hj Abdullah & Yang Lain lwn. Nanyang Neon Signs Sdn Bhd
(Yaacob Md Sam H) [2011] 9 CLJ 916 [HC]

KONTRAK

Jual beli tanah - Baki harga jualan - Defendan membuat bayaran penuh baki harga jualan - Sama ada bayaran penuh dibuat secara pra masa - Sama ada perjanjian jual beli sempurna dilaksanakan
Khalid Hj Abdullah & Yang Lain lwn. Nanyang Neon Signs Sdn Bhd
(Yaacob Md Sam H) [2011] 9 CLJ 916 [HC]

Kekecewaan - Jual beli tanah - Plaintif-plaintif adalah pemilik bersama hartanah perjanjian jual beli di antara plaintif-plaintif dan defendan - Tanah-tanah di dalam perjanjian jual beli diambil secara wajib oleh pentadbir negeri - Sama ada doktrin kekecewaan terpakai - Akta Kontrak 1950, s. 57(2)
Khalid Hj Abdullah & Yang Lain lwn. Nanyang Neon Signs Sdn Bhd
(Yaacob Md Sam H) [2011] 9 CLJ 916 [HC]

c. CLJ Volume 1 (Part 1) 2012

COURT

SUPREME COURT

Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
GS Singhvi, AK Ganguly SCJJ
(Constitutional Law; Town Planning) [2012] 1 CLJ 1 [SC India]

FEDERAL COURT

Thein Hong Teck & Ors v. Mohd Afrizan Husain & Another Appeals
Raus Sharif PCA, Ahmad Maarop, Hasan Lah FCJJ
(Company Law; Partnership; Civil Procedure; Word And Phrases) [2012] 1 CLJ 49 [FC]

COURT OF APPEAL

J Raju M Kerpaya v. Kwong Yik Bank Bhd
Tengku Baharudin Shah, Jeffrey Tan, Syed Ahmad Helmy JJCA
(Bankruptcy) [2012] 1 CLJ 66 [CA]

Sivarasa Rasiah & Ors v. Che Hamzah Che Ismail & Ors
Ramly Ali, Jeffrey Tan, Zaharah Ibrahim JJCA
(Civil Procedure; Tort) [2012] 1 CLJ 75 [CA]

Suruhanjaya Pilihan Raya Malaysia v. Dato' Dr Abd Isa Ismail
Ramly Ali, Linton Albert, Aziah Ali JJCA
(Administrative Law; Constitutional Law; Word And Phrases) [2012] 1 CLJ 88 [CA]

HIGH COURT

Asri Herman v. Government Of The Federation Of Malaysia
Lee Heng Cheong JC
(Administrative Law; Constitutional Law) [2012] 1 CLJ 103 [HC]

Cyber Business Solutions Sdn Bhd v. Elsag Datamat SPA
Zabariah Mohd Yusof J
(Arbitration; Civil Procedure) [2012] 1 CLJ 115 [HC]

Kejuruteraan Taipan (M) Sdn Bhd v. Loh & Loh Construction Sdn Bhd
VT Singham J
(Civil Procedure) [2012] 1 CLJ 130 [HC]

PP lwn. Synenviro Sdn Bhd
Samsudin Hassan PK
(Undang-undang Jenayah) [2012] 1 CLJ 141 [HC]

Yap Yian Huat lwn. Pang See Suan & Yang Lain
Umi Kalthum Abd Majid PK
(Prosedur Sivil; Undang-undang Kontrak; Undang-undang Tanah) [2012] 1 CLJ 153 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Exercise of administrative powers - Dismissal from service - Judicial review - Applicant dismissed based on regulations which came into force after his alleged misconduct - Whether regulations were retrospective - Whether unreasonable and inordinate delay in bringing charges - Whether applicant's other alleged misconduct taken into consideration without giving him an opportunity to defend - Whether applicant prejudiced - Public Officers (Conduct and Discipline) Regulations 1993 - Federal Constitution, arts. 7(1), 144(5B) - Rules of the High Court 1980, O. 53
Asri Herman v. Government Of The Federation Of Malaysia
(Lee Heng Cheong JC) [2012] 1 CLJ 103 [HC]

Judicial review - Certiorari and mandamus - Appeal against - State Assembly - Declaration of vacant seat - Whether proved - Whether Election Commission compelled to hold by-election - Whether Assemblyman had been absent from two consecutive State Assembly meetings - Whether the two meetings were in one session or in separate sessions of State Assembly - Whether learned judge erred in according plain and ordinary meaning to phrase 'two consecutive meetings' - Laws of the Constitution of Kedah, art. 2
Suruhanjaya Pilihan Raya Malaysia v. Dato' Dr Abd Isa Ismail
(Ramly Ali, Linton Albert, Aziah Ali JJCA) [2012] 1 CLJ 88 [CA]

Judicial review - Remedies - Writ of quo warranto - Principles to be applied - Federal Constitution, art. 132(1), (3)
Suruhanjaya Pilihan Raya Malaysia v. Dato' Dr Abd Isa Ismail
(Ramly Ali, Linton Albert, Aziah Ali JJCA) [2012] 1 CLJ 88 [CA]

ARBITRATION

Agreement - Arbitration clause - Dispute whether arbitration should be carried out at the International Court of Arbitration of the International Chamber of Commerce in Paris ("ICC") or under the Rules of Arbitration of Kuala Lumpur Regional Center for Arbitration - Whether the ICC Arbitration Clause was the binding arbitration agreement between the parties
Cyber Business Solutions Sdn Bhd v. Elsag Datamat SPA
(Zabariah Mohd Yusof J) [2012] 1 CLJ 115 [HC]

Arbitration proceedings - Injunction - Injunction restraining arbitration proceedings - Dispute whether arbitration should be carried out at the International Court of Arbitration of the International Chamber of Commerce in Paris ("ICC") or under the Rules of Arbitration of Kuala Lumpur Regional Center for Arbitration - Application by plaintiff for interim injunction to restrain defendant from continuing with ICC Arbitration proceeding in Paris - Whether injunction to be granted
Cyber Business Solutions Sdn Bhd v. Elsag Datamat SPA
(Zabariah Mohd Yusof J) [2012] 1 CLJ 115 [HC]

Jurisdiction - Jurisdiction of court - Whether arbitration clause can oust jurisdiction of Malaysian courts
Cyber Business Solutions Sdn Bhd v. Elsag Datamat SPA
(Zabariah Mohd Yusof J) [2012] 1 CLJ 115 [HC]

BANKRUPTCY

Creditor's petition - Affidavit verifying petition - Failure to verify affidavit at time of presenting petition - Whether petition a nullity - Time for filing affidavit - Whether prior to hearing of petition - Bankruptcy Act 1967, ss. 5 & 6(1)
J Raju M Kerpaya v. Kwong Yik Bank Bhd
(Tengku Baharudin Shah, Jeffrey Tan, Syed Ahmad Helmy JJCA) [2012] 1 CLJ 66 [CA]

CIVIL PROCEDURE

Action - Reinstatement of action - Plaintiff and solicitor absent during pre-trial case management - Writ and statement of claim struck out - Plaintiff's solicitor filed application for reinstatement 38 days later - Whether inordinate delay, inexcusable and unacceptable - Whether serious risk of prejudice to defendant if application allowed
Kejuruteraan Taipan (M) Sdn Bhd v. Loh & Loh Construction Sdn Bhd
(VT Singham J) [2012] 1 CLJ 130 [HC]

Disposal of action without trial - Disposal of case on point of law - Facts in dispute - Whether issues of facts interwoven with legal issues - Whether suitable to determine applicability of s. 314 Companies Act 1965 - Rules of the High Court 1980, O. 14A - Dream Property Sdn Bhd v. Atlas Housing Sdn Bhd
Thein Hong Teck & Ors v. Mohd Afrizan Husain & Another Appeals
(Raus Sharif PCA, Ahmad Maarop, Hasan Lah FCJJ) [2012] 1 CLJ 49 [FC]

Injunction - Injunction restraining arbitration proceedings - Dispute whether arbitration should be carried out at the International Court of Arbitration of the International Chamber of Commerce in Paris ("ICC") or under the Rules of Arbitration of Kuala Lumpur Regional Center for Arbitration - Application by plaintiff for interim injunction to restrain defendant from continuing with ICC Arbitration proceeding in Paris - Whether balance of convenience favoured granting of injunction
Cyber Business Solutions Sdn Bhd v. Elsag Datamat SPA
(Zabariah Mohd Yusof J) [2012] 1 CLJ 115 [HC]

Jurisdiction - Court - Arbitration - Whether arbitration clause can oust jurisdiction of Malaysian courts
Cyber Business Solutions Sdn Bhd v. Elsag Datamat SPA
(Zabariah Mohd Yusof J) [2012] 1 CLJ 115 [HC]

Striking out - Action - Appeal against - Action for wrongful arrest, detention and malicious prosecution - Triable issues - Whether arose - Whether pleadings disclosed causes of action - Whether issues capable of resolution only after taking viva voce evidence - Whether appropriate case for striking out
Sivarasa Rasiah & Ors v. Che Hamzah Che Ismail & Ors
(Ramly Ali, Jeffrey Tan, Zaharah Ibrahim JJCA) [2012] 1 CLJ 75 [CA]

COMPANY LAW

Winding up - Unregistered Companies - Whether a 'partnership' with more than five members an unregistered company - Whether 'partnership' can be wound up - Companies Act 1965, s. 314
Thein Hong Teck & Ors v. Mohd Afrizan Husain & Another Appeals
(Raus Sharif PCA, Ahmad Maarop, Hasan Lah FCJJ) [2012] 1 CLJ 49 [FC]

CONSTITUTIONAL LAW

Constitution of India - Article 14 - Allotment of land, grant of quotas, permits, licences, etc. - Norms for - Held, must be founded on a sound, transparent, discernible and well-defined policy - Policy should be made known to public by publication in Official Gazette and other recognised modes of publicity - Non-discrimination and non-arbitrariness in policy implementation/execution - Necessity of fairness and equity in action - Exercise of discretion to be uninfluenced by favouritism or nepotism, emphasised
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

Constitution of India - Article 14 - Allotment of land by State or its instrumentalities/agencies - Policy of allotting land on basis of applications made by individuals, bodies, organisations or institutions dehors an invitation or advertisement by State - Validity of - Held, such policy is liable to be treated as arbitrary, discriminatory and an act of favouritism and nepotism violating soul of equality clause in art. 14 - Allotment of land to institutions/organisations engaged in educational, cultural, social or philanthropic activities or rendering service to society must be done in a manner consistent with doctrine of equality whether by auction/otherwise - Government may allot land at a fixed price but in that case too allotment must be preceded by an exercise consistent with art. 14
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

Constitution of India - Article 14 and Preamble - Allotment of land to a body/organisation/institution carrying tag of caste, community or religion - Impermissibility of - Held, such allotments are contrary to the idea of a secular democratic republic and also fraught with grave danger of dividing society on caste or communal lines - Allotment of land to such bodies/ organisations/institutions on political considerations, by favouritism and/or nepotism or with a view to nurture a vote bank is constitutionally impermissible (para 68)
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

Constitution of India - Article 14 - Allotment of land by State functionaries based on political considerations, favouritism and nepotism, held, illegal, and quashed - Allotment of 20 acres of Nazul land by Government of Madhya Pradesh to R-5 training institute/memorial trust without any advertisement and without inviting other similarly situated organisations/institutions to participate in allotment process - Land allotted disregarding statutory requirements, changing land use by modification of Bhopal Development Plan and waiver of substantial portion of the premium - Appellant, a public activist filing PIL against allotment summarily dismissed by High Court - Sustainability - Held, there is no provision in the Act or Rules or Revenue Book Circular for allotment of land without issuing advertisement and/or without inviting applications from eligible persons to participate in allotment process - Advertisements issued by State functionaries were only for inviting objections against proposed reservation and/or allotment of land in favour of R-5 Trust and not for participation in process of allotment - All trustees were members of a particular political party and entire exercise was undertaken because political functionaries of State wanted to favour R-5 and officers of State were forced to toe the line of their political masters - Provisions of the Act and Rules have been misinterpreted by State functionaries for several years allotting Nazul land without following any discernible criteria and in complete disregard of constitutional norms - This cannot lead to inference that State Government has framed a well-defined and rational policy for allotment of land to such organisations/institutions - Unfortunately, High Court overlooked that entire process of reservation of land and allotment was fraught with grave illegality and was nothing but a blatant act of favouritism by State functionaries - Hence, its order set aside - Allotment declared illegal and quashed - Further directions issued to Commissioner, Town and Country Planning, Bhopal to take possession of the land and use it strictly in accordance with Bhopal Development Plan - State Government also directed to refund earnest amount deposited by R-5 - M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (23 of 1973) - Sections 14(a), (b), 15, 17(a), (b), 23A(1) & (2), 25(1), 26 and 58 - M.P. Nagar Tatha Gram Nivesh Vikasit Bhoomiyo, Griho, Bhavano Tatha Anya Sanrachanao Ka Vyayan Niyam, 1975 - Rr. 3 to 5 - M.P. Revenue Book Circular - Pt. IV - M.P. Zila Yojana Samiti Adhiniyam, 1995 (19 of 1995) - Trusts and Trustees - M.P. Public Trusts Act 1951 (30 of 1951) - Administrative Law - Administrative Action - Administrative or Executive Function - Misuse of power
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

Constitution of India - Articles 14, 12, 16, 298 and Preamble & Pt. IV - State as provider of services and benefits - Exercise of discretionary power vested therefor - Held, said power is required to be used in larger public interest, for public good and without any discrimination - There is no absolute or unfettered discretion - Unfettered discretion is totally incompatible with doctrine of equality and is an antithesis to concept of rule of law - Rule of Law - Government Grants and Largesse - Generally
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

Constitution of India - Articles 136, 32 and 226 - Locus standi - PIL - Appeal filed by organisation involved in public welfare activities seeking quashing of allotment of 20 acres of land by State Government to a Memorial Trust on grounds of violation of art. 14 and arbitrary exercise of power - PIL dismissed by High Court - SLP against - Held, appellant is a public-spirited organisation, has challenged other similar allotments and has locus standi to approach Supreme Court
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

Constitution of India - Article 141 - Doctrine of prospective overruling - Land allotted by State Government in gross violation of art. 14 of the Constitution and found to be an act of favouritism and nepotism - Inapplicability of abovesaid doctrine
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) 1

Government Grants And Largesse - Allotment of land - Plea for perpetuation of illegality based on past practice - Unsustainability - Past practice of allotment of government land without any discernible criteria - Inference of well-defined and rational policy, held, not possible
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

Legislature - State Assembly - Declaration of vacancy of seat - Whether proved - Whether Election Commission compelled to hold by-election - Whether Assemblyman had been absent from two consecutive State Assembly meetings - Whether the two meetings were in one session or in separate sessions of State Assembly - Whether learned judge erred in according plain and ordinary meaning to phrase 'two consecutive meetings' - Laws of the Constitution of Kedah, art. 2
Suruhanjaya Pilihan Raya Malaysia v. Dato' Dr Abd Isa Ismail
(Ramly Ali, Linton Albert, Aziah Ali JJCA) [2012] 1 CLJ 88 [CA]

Legislature - State Assembly - Proclamation to prorogue or dissolve - Whether discretion of His Royal Highness - Laws of the Constitution of Kedah, art. 53(1), (2)
Suruhanjaya Pilihan Raya Malaysia v. Dato' Dr Abd Isa Ismail
(Ramly Ali, Linton Albert, Aziah Ali JJCA) [2012] 1 CLJ 88 [CA]

Public servants - Dismissal - Dismissal based on regulations which came into force after alleged misconduct - Whether regulations retrospective - Whether unreasonable and inordinate delay in bringing charges - Whether opportunity to defend denied - Public Officers (Conduct and Discipline) Regulations 1993 - Federal Constitution, arts. 7(1), 144(5B) - Rules of the High Court 1980, O. 53
Asri Herman v. Government Of The Federation Of Malaysia
(Lee Heng Cheong JC) [2012] 1 CLJ 103 [HC]

PARTNERSHIP

Dissolution - Application of - Whether creditor can apply under s. 37 Partnership Act 1961 to dissolve a 'partnership' - Remedy of - Whether creditor's remedy lies under s. 314 Companies Act 1965
Thein Hong Teck & Ors v. Mohd Afrizan Husain & Another Appeals
(Raus Sharif PCA, Ahmad Maarop, Hasan Lah FCJJ) [2012] 1 CLJ 49 [FC]

TORT

Wrongful arrest - Action for - Striking out - Appeal against - Action for wrongful arrest, detention and malicious prosecution - Triable issues - Whether arose - Whether pleadings disclosed causes of action - Whether issues capable of resolution only after taking viva voce evidence - Whether appropriate case for striking out
Sivarasa Rasiah & Ors v. Che Hamzah Che Ismail & Ors
(Ramly Ali, Jeffrey Tan, Zaharah Ibrahim JJCA) [2012] 1 CLJ 75 [CA]

TOWN PLANNING

Change in land use - Nazul land earmarked in development plan for public and semi-public (health) purpose - Allotment of land by State Government land to Memorial Trust/Institute for establishment of a training institute - Land use changed to public and semi-public purpose by modification of Bhopal Development Plan by issue of notifications under s. 23-A(1)(a), M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 - Validity of - Held, earmarked land in development plan cannot be used for any purpose other than that for which it is earmarked - No blanket power given to State Government to modify development plan - Power of modification may be exercised only for specified purposes - State Government modified plan by invoking s. 23A(1)(a) for facilitating establishment of an institute, which was not a specified purpose under s. 23-A(1) - Also, exercise undertaken for change of land use was an empty formality because land had been allotted almost two years prior to issue of notification - Lastly, objects for which R-5 was registered as a trust have no nexus with purpose for which modification of development plan can be effected under s. 23-A(1) - Hence, modification of development plan was ultra vires s. 23-A(1)(a) - M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (23 of 1973) - Section 23-A(1) - Modification of development plan, held, ultra vires and illegal (paras 75-79)
Akhil Bhartiya Upbhokta Congress v. State Of Madhya Pradesh & Ors
(GS Singhvi, AK Ganguly SCJJ) [2012] 1 CLJ 1 [SC India]

WORDS & PHRASES

"Meetings" and "Sessions" - Definitions of - Whether 'two consecutive meetings' construed to mean two consecutive meetings in one session and not in separate sessions of State Assembly - Laws of the Constitution of Kedah, arts. 2, 51
Suruhanjaya Pilihan Raya Malaysia v. Dato' Dr Abd Isa Ismail
(Ramly Ali, Linton Albert, Aziah Ali JJCA) [2012] 1 CLJ 88 [CA]

"Partnership" - Companies Act 1965, s. 314 - Wording of - Whether a 'partnership' with more than five members an unregistered company - Whether the words 'a foreign company and any partnership, association or company consisting of more than five members' read disjunctively
Thein Hong Teck & Ors v. Mohd Afrizan Husain & Another Appeals
(Raus Sharif PCA, Ahmad Maarop, Hasan Lah FCJJ) [2012] 1 CLJ 49 [FC]

INDEKS PERKARA

PROSEDUR SIVIL

Penghakiman dan perintah - Pengenepian - Perintah persetujuan dimasukki berdasarkan perjanjian usahasama yang tidak boleh dikuatkuasakan dan surat wakil kuasa yang tidak sah dan terbatal - Sama ada perintah persetujuan tidak sah dan boleh diketepikan
Yap Yian Huat lwn. Pang See Suan & Yang Lain
(Umi Kalthum Abd Majid PK) [2012] 1 CLJ 153 [HC]

UNDANG-UNDANG JENAYAH

Akta Kualiti Alam Sekeliling 1974 - Seksyen 34B(1)(b) dihukum di bawah s. 34B(4) - Menerima buangan terjadual di bawah Kod N204 Jadual Pertama Peraturan-Peraturan Kualiti Alam Sekeliling (Buangan Terjadual) 1989 - Rayuan terhadap sabitan dan hukuman denda RM50,000 - Sama ada mens rea kesalahan perlu dibuktikan - Sama ada rayuan dibenarkan
PP lwn. Synenviro Sdn Bhd
(Samsudin Hassan PK) [2012] 1 CLJ 141 [HC]

UNDANG-UNDANG KONTRAK

Perjanjian - Kesahan - Perjanjian Usahasama dimasuki berdasarkan kuasa yang diberikan melalui surat wakil kuasa yang tidak sah dan terbatal - Sama ada Perjanjian Usahasama boleh dikuatkuasakan
Yap Yian Huat lwn. Pang See Suan & Yang Lain
(Umi Kalthum Abd Majid PK) [2012] 1 CLJ 153 [HC]

UNDANG-UNDANG TANAH

Pemilikan - Sekatan hakmilik - Sekatan hakmilik terhadap pembelian hartanah oleh warganegara asing - Sama ada warganegara Singapura boleh mengambil kepentingan atas hartanah tanpa kebenaran Penguasa Negeri - Sama ada warga asing boleh menggunakan surat wakil kuasa untuk mengelakkan sekatan hakmilik - Kanun Tanah Negara, s. 433B, 433C & 433F
Yap Yian Huat lwn. Pang See Suan & Yang Lain
(Umi Kalthum Abd Majid PK) [2012] 1 CLJ 153 [HC]

Surat kuasa wakil - Kesahan - Sama ada warga asing boleh menggunakan surat wakil kuasa untuk mengelakkan sekatan hakmilik - Sama ada surat wakil kuasa tidak sah dan terbatal - Kanun Tanah Negara, s. 433C
Yap Yian Huat lwn. Pang See Suan & Yang Lain
(Umi Kalthum Abd Majid PK) [2012] 1 CLJ 153 [HC]

CASE OF THE WEEK

PRIMUS (MALAYSIA) SDN BHD v. RIN KEI MEI & ORS

COMPANY LAW: Members' rights - Petition under s. 181 Companies Act 1965 - Oppression - Appeal against - Company divesting assets and liabilities - Distribution of proceeds from disposal to shareholders - Whether members unfairly discriminated or prejudiced - Whether cancellation of members shares totally sever, end and settle mutual relations between company and members - Whether company breached the memorandum and articles of association - Scheme of arrangement - Meaning of - Whether company undergoing corporate restructuring exercise - Companies Act 1965, s. 176

COMPANY LAW: Oppression - Relief - Petition under s. 181 Companies Act 1965 - Appeal against - Company divesting assets and liabilities - Distribution of proceeds from disposal to shareholders - Whether members unfairly discriminated or prejudiced - Whether cancellation of members shares totally sever, end and settle mutual relations between company and members - Whether company breached the memorandum and articles of association - Scheme of arrangement - Meaning of - Whether company undergoing corporate restructuring exercise - Companies Act 1965, s. 176

COMPANY LAW: Shares - Capital reduction - Petition under s. 181 Companies Act 1965 - Company divesting assets and liabilities - Whether illegal for company to reduce capital after disposal of business - Whether monies from disposal distributed to its shareholders - Companies Act 1965, s. 64

COMPANY LAW: Memorandum of association - Compliance with memorandum and articles of association - Effect of - Whether company breached memorandum and articles of association - Companies Act 1965, s. 33

CIVIL PROCEDURE: Appeal - Leave to appeal - Application for leave to Federal Court against Court of Appeal's decision - Whether questions posed raised any matter of public importance - Whether questions for leave merely relates to interpretation of ss. 33, 64 and 176 Companies Act 1965 - Whether requirements for leave to appeal met - Terengganu Forest Products Sdn Bhd v. Cosco Container Lines Co Ltd - Courts of Judicature Act 1964, s. 96

CLJ Bulletin
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NUMBER	TITLE	DATE COMING INTO FORCE	REPEALING
ACT 731	Money Services Business Act 2011	1 December 2011 [PU(B) 590/2011]	ACT 577
ACT 732	National Wages Consultative Council Act 2011	23 September 2011 [PU(B) 507/2011]	- Nil -
ACT 733	Kampong Bharu Development Corporation Act 2011	Not Yet In Force	- Nil -
ACT 734	Restricted Residence (Repeal) Act 2011	31 December 2011	ACT 377
ACT 735	Banishment (Repeal) Act 2011	31 December 2011	ACT 79