Legal Network Series

[2010] 1 LNS 1958	MALAYSIAN AIRLINES SYSTEM v. USHA KUMARI RAM LALL & ANOR	ADMINISTRATIVE LAW: Judicial review - Application for - Certiorari - Industrial Court decision based on facts as found by Industrial Court decision based on evidence produced and testimony of witnesses - Whether the High Court was bound to accept such finding - Whether omission by counsel for applicant to cross-examine 1st respondent on her monthly salary and failure to produce evidence to contradict 1st respondent's evidence on her monthly salary was a ground for curial intervention - Whether Industrial Court committed any error of law to merit intervention
[2010] 1 LNS 1970	GEORGE Y HUANG & ANOR v. TSENG CHI FENG	EVIDENCE: Witness - Absent witness - Whether 2nd plaintiff's claim must fail because she had not appeared in court to give evidence to establish her case against defendant - Whether circumstances relating to transactions in case and its contentious issues in the course of establishing her case would necessitate her to appear and give evidence and be cross-examined in court - Whether her absence was adverse to her claim EVIDENCE: Adverse inference - Failure to call witness - Defendant alleged that plaintiffs sold their shares to Yu Teng Chao - Whether under s. 101 of the Evidence Act 1950, it became defendant's duty to discharge burden to prove the same - Whether by failing to call Yu Teng Chao to the stand, an adverse inference under s. 114(g) of the Evidence Act 1950 should apply against defendant EVIDENCE: Documentary evidence - Stamping - Purported agreements not admitted as evidence as not stamped for duties due and payable - Whether 3 agreements could still be admitted by plaintiff paying up necessary duty and getting it duly stamped - Whether relevant agreements should be impounded and stamp duties chargeable in respect thereto be paid by 1st plaintiff before they could be admitted as evidence and be acted on by the court
[2013] 1 LNS 401	VALLEY THEME SDN BHD v. BANK PERTANIAN MALAYSIA BERHAD	CIVIL PROCEDURE: Summary application - Rules of the High Court 1980, O. 14A - Question whether Letter of Offer was a conditional agreement which required execution of loan and security documents incorporating all terms of said Letter of Offer and such other terms and conditions to be agreed by both parties in order to be enforceable between the parties - Whether such question was unsuitable for determination without a trial of the action - Whether there were documents to be looked into and agreed upon by parties - Whether there were issues on facts that needed to be explained and ascertained through oral testimonies in a full trial - Whether case must follow ordinary process of the law
[2013] 1 LNS 461	RHB BANK BERHAD v. BURN PROOF DISTRIBUTION (M) SDN BHD & ORS	CIVIL PROCEDURE: Summary judgment - Application for - Guarantee - Whether other arrangement reached with co-guarantors was a matter inter se between them and the plaintiff - Whether it extinguished right of plaintiff to enforce guarantee against 4th defendant, after 1st defendant defaulted in facilities - Whether 4th defendant deemed to have been released from his obligations under the personal guarantees when he ceased to be a director of 1st defendant - Whether amounts as certified in Certificate of Indebtedness was conclusive and recoverable by plaintiff from 4th defendant - Whether any triable issue raised - Whether any useful purpose would be served in referring matter to full trial
[2013] 1 LNS 462	LOKE KOOI CHUAN PROPERTIES SDN BHD v. LEE KWEE FOH SDN BHD	COMPANY LAW: Liquidation - Voluntary liquidation - Locus standi of defendant company to file present application - Whether on its dissolution, defendant company ceased to exist - Whether it could file any action or be sued as it had no legal status - Whether application filed by defendant was misconceived in law

CLJ 2014 Volume 1 (Part 4)

COURT

FEDERAL COURT

PP v. Jitweer Singh Ojagar Singh
Hashim Yusoff, Ahmad Maarop, Hasan Lah, Zainun Ali, Jeffrey Tan FCJJ
(Criminal Law; Evidence; Criminal Procedure - Murder - Circumstantial evidence - Oral statement - Petition of appeal) [2014] 1 CLJ 433 [FC]

COURT OF APPEAL

Kay Hian Pte Ltd v. Ma Boon Lan
Azahar Mohamed, Balia Yusof Wahi, Lim Yee Lan JJCA
(Bankruptcy - Notice - Setting aside - Conversion of judgment debt from Singapore currency to Malaysian Ringgit) [2014] 1 CLJ 464 [CA]

HIGH COURT

Dato' Seri Anwar Ibrahim v. Khairy Jamaluddin
SM Komathy Suppiah JC
(Civil Procedure; Tort - Defamation - Pleadings - Defence - Amendment) [2014] 1 CLJ 499 [HC]

Globaltech Enterprise Sdn Bhd v. Commerce Assurance Bhd
Stephen Chung J
(Civil Procedure - Costs - Bill of costs - Taxation - Getting up fee) [2014] 1 CLJ 517 [HC]

Goh Chin Chuan v. PP
Zamani A Rahim J
(Criminal Procedure - Charge - Framing or particulars of - Defective charge) [2014] 1 CLJ 524 [HC]

Re Ganapathy Sivagnanam; ex p Phileoallied Bank (Malaysia) Bhd
Lee Swee Seng JC
(Bankruptcy - Notice - Setting aside - Validity of - Default judgment) [2014] 1 CLJ 534 [HC]

Tekital Sdn Bhd v. Sarina Kamaludin & Ors
Nallini Pathmanathan J
(Damages - Measure of damages - Assessment - Pecuniary loss - Loss of investment) [2014] 1 CLJ 552 [HC]

SUBJECT INDEX

BANKRUPTCY

Notice - Setting aside - Application for - Affidavit under r. 95 Bankruptcy Rules 1969 - Whether satisfied requirement under r. 94(2) - Whether bankruptcy notice bad in law
Re Ganapathy Sivagnanam; ex p Phileoallied Bank (Malaysia) Bhd
(Lee Swee Seng JC) [2014] 1 CLJ 534 [HC]

Notice - Setting aside - Conversion of judgment debt from Singapore currency to Malaysian Ringgit - Failure of - Whether rendered bankruptcy notice (`BN') a nullity - Whether conversion should be based on exchange rate prevailing at date of judgment - Whether judgment creditor's failure to obtain leave of court to commence execution proceedings following change of name rendered BN bad - Whether there was an abuse of process of court - Rules of the High Court 1980, O. 46 r. 2(1)(b)
Kay Hian Pte Ltd v. Ma Boon Lan
(Azahar Mohamed, Balia Yusof Wahi, Lim Yee Lan JJCA) [2014] 1 CLJ 464 [CA]

Notice - Validity of - Bankruptcy notice based on default judgment - Non-statement of third party security in favour of judgment creditor - Whether rendered bankruptcy notice bad in law
Re Ganapathy Sivagnanam; ex p Phileoallied Bank (Malaysia) Bhd
(Lee Swee Seng JC) [2014] 1 CLJ 534 [HC]

CIVIL PROCEDURE

Appeal - Fresh evidence - Admission of - Whether reasonable diligence would have made new evidence available at first instance - Whether admission of fresh evidence allowed - Rules of Court 2012, O. 56 r. 1(3A)
Globaltech Enterprise Sdn Bhd v. Commerce Assurance Bhd
(Stephen Chung J) [2014] 1 CLJ 517 [HC]

Costs - Bill of costs - Taxation - Getting up fee - Decision by Senior Assistant Registrar (SAR) - Appeal against award granted - Whether court disturbed decision of SAR - Whether any grounds to merit interference in exercise of discretion by SAR - Whether award granted reasonable - Whether SAR exercised discretion lawfully
Globaltech Enterprise Sdn Bhd v. Commerce Assurance Bhd
(Stephen Chung J) [2014] 1 CLJ 517 [HC]

Pleadings - Defence - Amendment - Amendment of defence in libel action - Application made after completion of preliminaries and pre-trial procedures and after case fixed for hearing - Whether amendment disclosed defence of justification - Whether delay in application justified - Whether purported particulars amounted to facts - Whether proposed plea of justification correct, proper and applicable - Rules of Court 2012, O. 20 r. 5
Dato' Seri Anwar Ibrahim v. Khairy Jamaluddin
(SM Komathy Suppiah JC) [2014] 1 CLJ 499 [HC]

CRIMINAL LAW

Murder - Circumstantial evidence - Appeal against acquittal - Accused a medical doctor - Deceased and accused lived separately and apart - Involvement in death of deceased - Whether proved - Failure to procure attendance of material witness - Whether adverse inference invoked - Statement by witness - Criminal Procedure Code, s. 112 - Whether admissible - Whether efforts taken by prosecution to secure attendance of witness - Whether deceased died from natural cause - Conduct of accused - Whether pointed irresistibly to accused as perpetrator - Whether there was intention to kill within meaning of s. 300(a) or (b) Penal Code - Whether circumstantial evidence gave rise to inference that accused caused death of deceased
PP v. Jitweer Singh Ojagar Singh
(Hashim Yusoff, Ahmad Maarop, Hasan Lah, Zainun Ali, Jeffrey Tan FCJJ) [2014] 1 CLJ 433 [FC]

CRIMINAL PROCEDURE

Appeal - Petition of appeal - Failure to particularise points of law or facts - Whether court powerless to permit a point of law or fact which is not in petition of appeal to be raised
PP v. Jitweer Singh Ojagar Singh
(Hashim Yusoff, Ahmad Maarop, Hasan Lah, Zainun Ali, Jeffrey Tan FCJJ) [2014] 1 CLJ 433 [FC]

Charge - Framing or particulars of - Defective charge - Offence under ss. 13 & 14 Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 - Charge under s. 13 - Whether omission to state mode or particulars of exploitation rendered charge defective - Distinguishing feature of charges under ss. 13 and 14 - Whether defect curable under s. 422 Criminal Procedure Code - Charge under s. 14 - Whether omission to incorporate particulars of exploitation in charge fundamentally defective - Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, s. 2
Goh Chin Chuan v. PP
(Zamani A Rahim J) [2014] 1 CLJ 524 [HC]

DAMAGES

Measure of damages - Assessment - Decision of Deputy Registrar in awarding damages - Appeal against - Plaintiff entitled to be compensated by defendants for unlawful means of conspiracy - Pecuniary loss - Whether plaintiff entitled to 10% share of profits - Total loss of investment suffered by plaintiff - Tabulation of - Whether untenable for plaintiff to receive a return of the full extent of his investment and profits - Whether there were errors in award of damages given by Registrar
Tekital Sdn Bhd v. Sarina Kamaludin & Ors
(Nallini Pathmanathan J) [2014] 1 CLJ 552 [HC]

EVIDENCE

Circumstantial evidence - Murder - Appeal against acquittal - Accused a medical doctor - Deceased and accused lived separately and apart - Involvement in death of deceased - Whether proved - Failure to procure attendance of material witness - Whether adverse inference invoked - Statement by witness - Criminal Procedure Code, s. 112 - Whether admissible - Whether efforts taken by prosecution to secure attendance of witness - Whether deceased died from natural cause - Conduct of accused - Whether pointed irresistibly to accused as perpetrator - Whether there was intention to kill within meaning of s. 300(a) or (b) Penal Code - Whether circumstantial evidence gave rise to inference that accused caused death of deceased
PP v. Jitweer Singh Ojagar Singh
(Hashim Yusoff, Ahmad Maarop, Hasan Lah, Zainun Ali, Jeffrey Tan FCJJ) [2014] 1 CLJ 433 [FC]

Statement - Oral statement - Admissibility of - Voice message - Whether a statement which could be heard and proved by direct evidence of witness who heard it - Evidence Act 1950, s. 60(1)(b) - Whether relied on testimonially to establish facts narrated by the words - Whether evidence of voice message should not have been rejected
PP v. Jitweer Singh Ojagar Singh
(Hashim Yusoff, Ahmad Maarop, Hasan Lah, Zainun Ali, Jeffrey Tan FCJJ) [2014] 1 CLJ 433 [FC]

TORT

Defamation - Libel - Allegation of utterance of defamatory remarks during political speech - Application to amend made after completion of preliminaries and pre-trial procedures and after case fixed for hearing - Whether applicant entitled to present his version of what the words allegedly uttered by him meant
Dato' Seri Anwar Ibrahim v. Khairy Jamaluddin
(SM Komathy Suppiah JC) [2014] 1 CLJ 499 [HC]