Bulletin_04

CLJ Bulletin, Issue 2012, Vol 4

27 January 2012

CLJ Law Malaysia

http://www.cljlaw.com

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New This Week	1. Case Of The Week
	2. Latest Cases
	a) Legal Network Series
	b) CLJ Volume 1 (Part 2) 2012
	3. Articles
	a) Legal Network Series Articles
	4. Legislation Highlights

CASE OF THE WEEK

PP v. AZILAH HADRI & ORS

CRIMINAL LAW: Penal Code - Section 302 - Murder - Deceased killed due to blast related injuries - Police officers charged with murder - Whether purported confession by accused admissible - Whether information given by accused leading to crime spot admissible - Whether information given by accused leading to recovery of deceased jewellery admissible - Whether prima facie case made out against accused - Defence irreconcilable and ambivalent - Prosecution's case proven beyond reasonable doubt

CRIMINAL LAW: Abetment - Abetting another to commit murder - Abettor asking police officers for protection against blackmail, harassment and threats by deceased - Deceased murdered by police officers - No direct or circumstantial evidence of abettor's participation in offence - No prima facie case against abettor - Abettor acquitted and discharged - Penal Code, ss. 109 & 302

CRIMINAL PROCEDURE: Trial - Confession - Admissibility - Confession made to person in authority - Confession by accused to police officer - Onus on prosecution to prove voluntariness of confession - Confession made as a result of inducement and threat - Confession involuntarily made and inadmissible - Evidence Act 1950, s. 24

EVIDENCE: Confession - Admissibility of confession - Confession made to person in authority - Confession by accused to police officer - Onus on prosecution to prove voluntariness of confession - Confession made as a result of inducement and threat - Confession involuntarily made and inadmissible - Evidence Act 1950, s. 24

EVIDENCE: Information leading to fact discovered - Evidence Act 1950, s. 27 - Admissibility and proof - Statement made by accused to police - Statements leading police to place where murder was committed and recovery of jewellery belonging to deceased - Whether statements admissible - Whether statements voluntarily given - Whether police had prior knowledge of place where murder was committed - Whether jewellery discovered as a consequence of information supplied

2. Latest Cases

a) Legal Network Series

CITATION TITLE SUBJECT

[2009] 1 LNS 1316 [HC] PP v. Mohd Raif Mohd Lazim @ Mohd Zain

EVIDENCE: Information leading to fact discovered - Evidence Act 1950, s. 27 - Admissibility of information - Admission of accused's reply in evidence - Reliance on s. 27 to prove possession - Police having no prior knowledge of exact location of drugs - Whether seizure was merely a recovery instead of discovery - Whether a case of discovery of hidden drugs where police had no prior knowledge of its whereabouts - Whether accused's reply admissible under the Evidence Act 1950, s. 27

[2009] 1 LNS 1321 [HC] Ngo Chew Hong Oils & Fats (M) Sdn Bhd v. Karya Rumpun Sdn Bhd

ARBITRATION: Award - Enforcement - Leave to enforce award - Whether defendant was informed of arbitration proceedings or notices - No application made by defendant to set-aside award - Whether defendant satisfied burden of proving why recognition and enforcement of the arbitration award should be refused

[2009] 1 LNS 1331 [HC] AmBank (M) Bhd v. Goh Hock Eng & Anor

CONTRACT: Construction - Claim by plaintiff for payment of interest from defendants - No payments made by the developer as project abandoned - Developer had agreed to pay interest until Certificate of Fitness - Arrangement to pay interest was by developer on behalf of defendants - Defendants denying liability to pay interest - Whether defendants liable to pay interest on amount disbursed prior to issuance of Certificate of Fitness of Occupation

CONTRACT: Estoppel - Developer failing to complete project and settle bridging loan - Bridging financier selling loan account to third party - Whether plaintiff should have claimed refund of loan disbursed from bridging financier - Whether plaintiff estopped from claiming outstanding sum from defendants

CONTRACT: Consideration - Total failure of - Rights and interest to property taken over by third party - Defendant's ability to recover rights to property if said loan redeemed doubtful - Whether there was a failure of consideration

[2009] 1 LNS 1333 [HC] Cheok Len Thai & Anor v. Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur

LAND LAW: Acquisition of land - Award - Landowners dissatisfied with decision and award of Land Administrator - Market value of the land - Whether valuation at RM70 psf erroneous for failure to take into account potential for commercial development - Whether market value of scheduled land should be increased

LAND LAW: Classification of land - Category of land use - Whether scheduled land was a "building land under s. 53(3) National Land Code with express condition for commercial use" - Acquiescence - Whether commercial activities on scheduled land were carried out with the knowledge and encouragement of the authorities - Whether principle of acquiescence could apply on issue of category of land use - Whether Land Administrator right in holding that land was agricultural land with potential for commercial development

LAND LAW: Acquisition of land - Award - Ground tenants dissatisfied with decision and award of Land Administrator - Claim of ground tenants based on a calculation of expected ground rent from building erected on scheduled land - Whether tenants' claim based on illegal buildings having been erected without approval and contrary to land use - Whether Land Administrator right in not allowing claim of ground tenants

[2011] 1 LNS 80 [HC] WRP Asia Pacific Sdn Bhd v. Mahkamah Perusahaan Malaysia & Anor

ADMINISTRATIVE LAW: Judicial review - Certiorari - Award of Industrial Court - Finding that transfer of 2^nd respondent was mala fide, that constructive dismissal was proven and his dismissal was without just cause or excuse - Whether Industrial Court had given due consideration to the facts and circumstances surrounding issuance of transfer order - Whether Industrial Court had applied the correct test, considered all relevant matters and not considered irrelevant matters

LABOUR LAW: Employment - Transfer - Finding by Industrial Court that transfer was mala fide - Whether 2^nd respondent had accepted the transfer and therefore waived the alleged breach - Request by 2^nd respondent for leave to enable him to make arrangements for his family - Whether a definite indication of acceptance of the transfer

LABOUR LAW: Industrial Court - Award - Whether Industrial Court erred in not taking into consideration 2^nd respondent's post dismissal earnings - Award reduced by 15% for contributory misconduct - Whether 2^nd respondent's earnings post his dismissal insignificant - Whether Industrial Court justified in not making any deduction for post dismissal earnings

CITATION	TITLE	SUBJECT
[2009] 1 LNS 1316 [HC]	PP v. Mohd Raif Mohd Lazim @ Mohd Zain	EVIDENCE: Information leading to fact discovered - Evidence Act 1950, s. 27 - Admissibility of information - Admission of accused's reply in evidence - Reliance on s. 27 to prove possession - Police having no prior knowledge of exact location of drugs - Whether seizure was merely a recovery instead of discovery - Whether a case of discovery of hidden drugs where police had no prior knowledge of its whereabouts - Whether accused's reply admissible under the Evidence Act 1950, s. 27
[2009] 1 LNS 1321 [HC]	Ngo Chew Hong Oils & Fats (M) Sdn Bhd v. Karya Rumpun Sdn Bhd	ARBITRATION: Award - Enforcement - Leave to enforce award - Whether defendant was informed of arbitration proceedings or notices - No application made by defendant to set-aside award - Whether defendant satisfied burden of proving why recognition and enforcement of the arbitration award should be refused
[2009] 1 LNS 1331 [HC]	AmBank (M) Bhd v. Goh Hock Eng & Anor	CONTRACT: Construction - Claim by plaintiff for payment of interest from defendants - No payments made by the developer as project abandoned - Developer had agreed to pay interest until Certificate of Fitness - Arrangement to pay interest was by developer on behalf of defendants - Defendants denying liability to pay interest - Whether defendants liable to pay interest on amount disbursed prior to issuance of Certificate of Fitness of Occupation CONTRACT: Estoppel - Developer failing to complete project and settle bridging loan - Bridging financier selling loan account to third party - Whether plaintiff should have claimed refund of loan disbursed from bridging financier - Whether plaintiff estopped from claiming outstanding sum from defendants CONTRACT: Consideration - Total failure of - Rights and interest to property taken over by third party - Defendant's ability to recover rights to property if said loan redeemed doubtful - Whether there was a failure of consideration
[2009] 1 LNS 1333 [HC]	Cheok Len Thai & Anor v. Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur	LAND LAW: Acquisition of land - Award - Landowners dissatisfied with decision and award of Land Administrator - Market value of the land - Whether valuation at RM70 psf erroneous for failure to take into account potential for commercial development - Whether market value of scheduled land should be increased LAND LAW: Classification of land - Category of land use - Whether scheduled land was a "building land under s. 53(3) National Land Code with express condition for commercial use" - Acquiescence - Whether commercial activities on scheduled land were carried out with the knowledge and encouragement of the authorities - Whether principle of acquiescence could apply on issue of category of land use - Whether Land Administrator right in holding that land was agricultural land with potential for commercial development LAND LAW: Acquisition of land - Award - Ground tenants dissatisfied with decision and award of Land Administrator - Claim of ground tenants based on a calculation of expected ground rent from building erected on scheduled land - Whether tenants' claim based on illegal buildings having been erected without approval and contrary to land use - Whether Land Administrator right in not allowing claim of ground tenants
[2011] 1 LNS 80 [HC]	WRP Asia Pacific Sdn Bhd v. Mahkamah Perusahaan Malaysia & Anor	ADMINISTRATIVE LAW: Judicial review - Certiorari - Award of Industrial Court - Finding that transfer of 2^nd respondent was mala fide, that constructive dismissal was proven and his dismissal was without just cause or excuse - Whether Industrial Court had given due consideration to the facts and circumstances surrounding issuance of transfer order - Whether Industrial Court had applied the correct test, considered all relevant matters and not considered irrelevant matters LABOUR LAW: Employment - Transfer - Finding by Industrial Court that transfer was mala fide - Whether 2^nd respondent had accepted the transfer and therefore waived the alleged breach - Request by 2^nd respondent for leave to enable him to make arrangements for his family - Whether a definite indication of acceptance of the transfer LABOUR LAW: Industrial Court - Award - Whether Industrial Court erred in not taking into consideration 2^nd respondent's post dismissal earnings - Award reduced by 15% for contributory misconduct - Whether 2^nd respondent's earnings post his dismissal insignificant - Whether Industrial Court justified in not making any deduction for post dismissal earnings

b. CLJ Volume 1 (Part 2) 2012

COURT

FEDERAL COURT

Lembaga Kumpulan Wang Simpanan Pekerja v. Ong Lian Chee
Raus Sharif PCA, Ahmad Richard Malanjum CJ (Sabah & Sarawak), Raus Sharif, Abdull Hamid Embong FCJJ
(Civil Procedure; Labour Law) [2012] 1 CLJ 165 [FC]

Primus (Malaysia) Sdn Bhd v. Rin Kei Mei & Ors
Arifin Zakaria CJ (Malaya), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ
(Company Law; Civil Procedure) [2012] 1 CLJ 176 [FC]

COURT OF APPEAL

AmBank (M) Bhd v. Pang Tee Chiang & Another Appeal
Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA
(Hire Purchase) [2012] 1 CLJ 206 [CA]

HIGH COURT

Bala Krishnan Appala Naidu lwn. Ketua Inspektor Prabakaran Shanmugam & Yang Lain
VT Singham H
(Keterangan) [2012] 1 CLJ 218 [HC]

Bukit Lenang Development Sdn Bhd v. Telekom Malaysia Bhd & Ors
Gunalan Muniandy JC
(Tort; Land Law; Evidence) [2012] 1 CLJ 228 [HC]

Koey Sher Ling v. Sanctuary Management Corporation Sdn Bhd
Aziah Ali J
(Civil Procedure; Contract) [2012] 1 CLJ 249 [HC]

Metro Securities Services Sdn Bhd lwn. Loh Mei Ling & Yang Lain
Hadhariah Syed Ismail PK
(Tort) [2012] 1 CLJ 257 [HC]

Tan Soon Huat lwn. Kau See Aha & Satu Lagi
Hassan Ab Rahman PK
(Prosedur Sivil; Tort) [2012] 1 CLJ 268 [HC]

Wong Kwi Fong v. Tenaga Nasional Bhd
Noor Azian Shaari J
(Public Utilities; Interpretation Of Statutes) [2012] 1 CLJ 285 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Appeal - Appeal to Federal Court - Withdrawal from provident fund - Section 54(1)(a) read with s. 58(1) and the Fifth Schedule to the Employees Provident Fund Act 1991 - Interpretation of - Payment of additional amount under s. 58(1) Employees Provident Fund Act 1991 - Whether may only arise where authority for withdrawal granted - Whether a subsidy and not deceased's contributions - Whether a matter of policy consideration by legislature on quantum of additional amount to be paid - Whether amount reduced to RM2,000 through amendment of Fifth Schedule
Lembaga Kumpulan Wang Simpanan Pekerja v. Ong Lian Chee
(Richard Malanjum CJ (Sabah & Sarawak), Raus Sharif, Abdull Hamid Embong FCJJ) [2012] 1 CLJ 165 [FC]

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
Primus (Malaysia) Sdn Bhd v. Rin Kei Mei & Ors
(Arifin Zakaria CJ (Malaya), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 1 CLJ 176 [FC]

Locus standi - Claim by management corporation against registered unit owner - Sale and purchase agreement between developer and registered unit owner - Whether only parties to the contract can sue - Whether management corporation appointed by developer to manage and maintain condominium - Authority of - Whether management corporation had locus standi to file action against registered unit owner - Whether management corporation entitled to demand expenses/charges for renovation works - Terms of Deed of Mutual Covenant, ss. 8.04 & 8.08
Koey Sher Ling v. Sanctuary Management Corporation Sdn Bhd
(Aziah Ali J) [2012] 1 CLJ 249 [HC]

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
Primus (Malaysia) Sdn Bhd v. Rin Kei Mei & Ors
(Arifin Zakaria CJ (Malaya), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 1 CLJ 176 [FC]

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
Primus (Malaysia) Sdn Bhd v. Rin Kei Mei & Ors
(Arifin Zakaria CJ (Malaya), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 1 CLJ 176 [FC]

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
Primus (Malaysia) Sdn Bhd v. Rin Kei Mei & Ors
(Arifin Zakaria CJ (Malaya), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 1 CLJ 176 [FC]

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
Primus (Malaysia) Sdn Bhd v. Rin Kei Mei & Ors
(Arifin Zakaria CJ (Malaya), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 1 CLJ 176 [FC]

CONTRACT

Agency - Extent of agent's authority - Claim by management corporation against registered unit owner - Sale and purchase agreement between developer and registered unit owner - Whether only parties to the contract can sue - Whether management corporation appointed by developer as mere agent to collect service charges, maintenance and other related charges - Authority of - Whether management corporation had locus standi to file action against registered unit owner - Whether management corporation entitled to demand expenses/charges for renovation works - Terms of Deed of Mutual Covenant, s. 8.04 - Contracts Act 1950, s. 141
Koey Sher Ling v. Sanctuary Management Corporation Sdn Bhd
(Aziah Ali J) [2012] 1 CLJ 249 [HC]

Sale and purchase of property - Sale and purchase agreement - Locus standi - Claim by management corporation against registered unit owner - Sale and purchase agreement between developer and registered unit owner - Whether only parties to the contract can sue - Whether management corporation appointed by developer to manage and maintain condominium - Authority of - Whether management corporation had locus standi to file action against registered unit owner - Whether management corporation entitled to demand expenses/charges for renovation works - Terms of Deed of Mutual Covenant, ss. 8.04 & 8.08
Koey Sher Ling v. Sanctuary Management Corporation Sdn Bhd
(Aziah Ali J) [2012] 1 CLJ 249 [HC]

EVIDENCE

Documentary evidence - Admissibility of - Maker not called as witness - Document only a photocopy without evidence as to whereabouts of primary evidence - Requirements of ss. 65 & 73 Evidence Act 1950 - Whether complied with
Bukit Lenang Development Sdn Bhd v. Telekom Malaysia Bhd & Ors
(Gunalan Muniandy JC) [2012] 1 CLJ 228 [HC]

HIRE PURCHASE

Hire Purchase Agreement - Breach of warranty - Allegation of - Seizure of vehicle by Royal Malaysian Customs & Excise Department - Whether there was a violation of implied warranty of quiet possession - Whether owner liable
AmBank (M) Bhd v. Pang Tee Chiang & Another Appeal
(Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA) [2012] 1 CLJ 206 [CA]

Hire Purchase Agreement - Guarantee - Liability of guarantor - Guarantor signed agreement not as mere guarantor but also principal hirer - Hire-Purchase Act 1967, s. 22 - Whether applicable - Whether guarantee agreement valid and enforceable
AmBank (M) Bhd v. Pang Tee Chiang & Another Appeal
(Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA) [2012] 1 CLJ 206 [CA]

Hire Purchase Agreement - Misrepresentation - Allegation of - Whether owner/dealer misrepresented to the hirer that the vehicle was new or second hand - Whether hirer aware and accepted that vehicle an imported used car - Whether hirer complied with terms of payment of deposit - Whether sums due to dealer
AmBank (M) Bhd v. Pang Tee Chiang & Another Appeal
(Zainun Ali, Ramly Ali, Zaharah Ibrahim JJCA) [2012] 1 CLJ 206 [CA]

INTERPRETATION OF STATUTES

Licensee Supply Regulations 1990, reg. 11 - Proviso - Meter inaccuracy - Retrospective adjustment not more than three months from date consumer informed of undercharge/overcharge - Whether meter inaccuracy arising from tampered meters covered by proviso - Electricity Supply Regulations 1990, s. 37(3)
Wong Kwi Fong v. Tenaga Nasional Bhd
(Noor Azian Shaari J) [2012] 1 CLJ 285 [HC]

LABOUR LAW

Provident fund - Withdrawal of - Section 54(1)(a) read with s. 58(1) and the Fifth Schedule to the Employees Provident Fund Act 1991 - Interpretation of - Payment of additional amount under s. 58(1) Employees Provident Fund Act 1991 - Whether may only arise where authority for withdrawal granted - Whether a subsidy and not deceased's contributions - Whether a matter of policy consideration by legislature on quantum of additional amount to be paid - Whether amount reduced to RM2,000 through amendment of Fifth Schedule
Lembaga Kumpulan Wang Simpanan Pekerja v. Ong Lian Chee
(Richard Malanjum CJ (Sabah & Sarawak), Raus Sharif, Abdull Hamid Embong FCJJ) [2012] 1 CLJ 165 [FC]

LAND LAW

Trespass - Encroachment on land - Valid and subsisting court order declaring occupants' status as squatters served on second defendant - Whether second defendant's obligation to supply power under s. 24 Electricity Supply Act ceased - Failure of second defendant to comply with plaintiff's demand to cease supply of electricity and remove structures - Whether second defendant exposed itself to a claim of trespass - Whether second defendant's supply lines encroached into plaintiff's land - Whether cause of action of trespass established - Whether second defendant liable for trespass to a certain extent
Bukit Lenang Development Sdn Bhd v. Telekom Malaysia Bhd & Ors
(Gunalan Muniandy JC) [2012] 1 CLJ 228 [HC]

PUBLIC UTILITIES

Electricity - Notice to disconnect electricity - Meter inaccuracy - Tampered meter - TNB's claim for loss in revenue - Whether retrospective claim could not exceed three months from date plaintiff informed of undercharge - Licensee Supply Regulations 1990, reg. 11, proviso - Electricity Supply Regulations 1990,
s. 37(3)
Wong Kwi Fong v. Tenaga Nasional Bhd
(Noor Azian Shaari J) [2012] 1 CLJ 285 [HC]

TORT

Trespass - Trespass to land - Valid and subsisting court order declaring occupants' status as squatters served on second defendant - Whether second defendant's obligation to supply power under s. 24 Electricity Supply Act ceased - Failure of second defendant to comply with plaintiff's demand to cease supply of electricity and remove structures - Whether second defendant exposed itself to a claim of trespass - Whether second defendant's supply lines encroached into plaintiff's land - Whether cause of action of trespass established - Whether second defendant liable for trespass to a certain extent
Bukit Lenang Development Sdn Bhd v. Telekom Malaysia Bhd & Ors
(Gunalan Muniandy JC) [2012] 1 CLJ 228 [HC]

INDEKS PERKARA

KETERANGAN

Keterangan baru atau selanjutnya - Permohonan untuk mengemukakan - Sama ada permohonan dibuat dengan suci hati - Kelambatan memfailkan - Sama ada permohonan satu penyalahgunaan proses mahkamah - Faktor-faktor untuk dipertimbangkan - Sama ada keterangan baru lengkap dan relevan - Tan Kah Kian v. Liew Chin Chuan
Bala Krishnan Appala Naidu lwn. Ketua Inspektor Prabakaran Shanmugam & Yang Lain
(VT Singham H) [2012] 1 CLJ 218 [HC]

PROSEDUR SIVIL

Pliding - Fakta-fakta yang tidak diplidkan - "Illegality" - Isu mengenai "illegality" tidak diplidkan secara spesifik - Sama ada defendan dihalang daripada membangkitkan pembelaan berdasarkan isu illegality - Kaedah-Kaedah Mahkamah Tinggi 1980, A. 18 k. 8
Tan Soon Huat lwn. Kau See Aha & Satu Lagi
(Hassan Ab Rahman PK) [2012] 1 CLJ 268 [HC]

Rayuan - Pihak-pihak kepada rayuan - Sama ada plaintif boleh memfailkan rayuan terhadap pihak ketiga - Sama ada keputusan rayuan akan menjadi akademik jika pihak ketiga tidak menjadi pihak dalam prosiding rayuan - Sama ada pihak ketiga berkepentingan dan wajar dilibatkan sama diperingkat rayuan
Tan Soon Huat lwn. Kau See Aha & Satu Lagi
(Hassan Ab Rahman PK) [2012] 1 CLJ 268 [HC]

TORT

Kecuaian - Tanggungjawab untuk berjaga-jaga - Kecurian kereta di tempat letak kereta - Rayuan terhadap - Sama ada pemilik bangunan bertanggungjawab menjaga keselamatan tempat letak kereta - Sama ada kontraktor bebas yang dilantik oleh pemilik bangunan bertanggungan terhadap kerugian yang dialami oleh pemilik bangunan bagi sebarang kehilangan - Alegasi terhadap - Sama ada kontraktor bebas dikehendaki meletakkan pengawal keselamatan - Sama ada pemilik bangunan mengawal dan mengendalikan kawasan letak kereta - Sama ada pemilik bangunan sedar mengenai kekurangan pengawal sebelum kecurian berlaku - Sama ada pemilik bangunan cuai - Cassidy v. Ministry of Health (Fahrni, Third Party)
Metro Securities Services Sdn Bhd lwn. Loh Mei Ling & Yang Lain
(Hadhariah Syed Ismail PK) [2012] 1 CLJ 257 [HC]

Pencerobohan - Pencerobohan tanah - Defendan mencerobohi tanah plaintif dan merosakkan tanamannya - Tuntutan gantirugi atas pencerobohan - Sama ada plaintif perlu membuktikan persempadanan tanah dengan dokumen rasmi dan tepat ukurannya - Sama ada isu pemilikan sah tanah perlu diputuskan
Tan Soon Huat lwn. Kau See Aha & Satu Lagi
(Hassan Ab Rahman PK) [2012] 1 CLJ 268 [HC]

3. Articles

a) Legal Network Series Articles

1. Do You Have Consent To Process Personal Data? ^{[Read
excerpt]}
By Sabrina Mohamed Hashim*

2. Issues And Challenges In Environmental Justice Delivery System In Malaysia And Nigeria: The Need For Liberalising The Strict Rules Of Locus Standi ^{[Read
excerpt]}
By Ainul Jaria Maidin*, Abdulkadir Bolaji Abdulkadir**

4. Legislation Highlights

a) 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

b) 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

c) PU(A)

NUMBER TITLE DATE COMING INTO FORCE
PRINCIPAL / AMENDING ACT NO

PU(A) 013/2012 Customs (Values) (Palm Oil) (No 3) Order 2012 16 January 2012 ACT 235

PU(A) 014/2012 Road Transport (Prohibition Of Use Of Road) (Federal Roads) Order 2012 16 January 2012 ACT 333

PU(A) 015/2012 Development Financial Institutions (Bank Pertanian Malaysia) (Modification) (Revocation) Order 2012 16 January 2012 ACT 618

PU(A) 016/2012 Local Speed Limit (Federal Roads) (Specified Time Prohibition) Order 2012 16 January 2012 ACT 333

PU(A) 017/2012 National Speed Limit (Temporary Cessation) Order 2012 16 January 2012 ACT 333

d) 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

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