Legal Network Series

[2011] 1 LNS 829	HAZRAF ALI HASSAN v. PP	CRIMINAL PROCEDURE: Charge - Defective charge - Offence of corruption - Charge totally silent regarding for whom corrupt money was being sought for by accused - Whether this material fact should have been incorporated in the charge to satisfy the requirements and provisions of the Criminal Procedure Code and give sufficient notice to the accused of the offence committed by him - Whether proper charge should be under s. 10(a)(bb) of the Anti-Corruption Act 1997 - Effect of a defective charge - Whether defect in charge not only an error but also did not disclose any known offence - Whether accused greatly prejudiced by being ignorant of actual nature of offence committed by him - Whether he would be unable to properly defend himself - Whether a retrial would tantamount to giving the prosecution a second bite of the cherry
[2011] 1 LNS 1686	MAZLAN OSMAN v. PP	CRIMINAL PROCEDURE: Appeal - Appeal against conviction - Finding that appellant did not succeed in rebutting presumption in s. 42 of the Anti-Corruption Act 1997 that he had solicited the gratification corruptly and also received the gratification corruptly - Whether trial judge was correct when he held that the prosecution proved the 2 counts against appellant beyond reasonable doubt - Whether any substantial or compelling reason for the court to disturb the findings of primary facts and reasonable inferences which trial judge had drawn from them - Whether trial judge was correct in coming to his conclusion that appellant was guilty on both counts and in convicting him for 2 offences of corruption CRIMINAL PROCEDURE: Appeal - Appeal against sentence - Whether trial judge applied correct principles in assessment of sentence - Whether any reason for this court to interfere by passing a different sentence - Whether sentences imposed were in accordance with the law after taking into account the minimum and maximum sentence set out in s. 16 of the Anti-Corruption Act 1997 and established principles of sentencing
[2011] 1 LNS 1758	SIGMA ELEVATOR (M) SDN BHD v. PEMBANGUNAN SUMBER MANUSIA BERHAD	ADMINISTRATIVE LAW: Judicial review - Application for - Certiorari - Appeal against imposition of retrospective levy addressed to the Minister but responded to by respondent's representative - Whether there was a decision by the Minister for applicant to cite him as a party - Decision to impose levy made on 22 March 2010 - Applicant exhausted avenues of appeal and application finally decided by respondent on 21 October 2010 - Whether application should be computed from 21 October 2010 or 22 March 2010 - Whether respondent could impose levy retrospectively under the law upon its own initial mistake of denying applicant from registering itself - Whether respondent's act in imposing backdated levy was unreasonable and should be quashed - Whether such imposition was authorised by law - Whether respondent committed an error of law in its decision
[2012] 1 LNS 1245	MOHAMED SUFFIAN AHMAD SHAZALI v. MAJLIS AGAMA ISLAM DAN ADAT MELAYU PERAK DARUL RIDZUAN & ANOR	CIVIL PROCEDURE: Striking out - Action - Whether there existed any cause of action that entitled plaintiff to obtain a remedy against second defendant - Whether plaintiff could blame second defendant's appointment for his termination - Whether plaintiff's claim against second defendant obviously unsustainable CIVIL PROCEDURE: Court - Jurisdiction - Whether Civil Court had jurisdiction over matter on administration of mosques which came within jurisdiction of the Syariah High Court - Whether plaintiff should have filed for judicial review to quash decision to terminate him - Whether plaintiff should be allowed to file a writ action for a declaration arising from a purported wrongful termination of his services - Whether plaintiff's claim should be viewed on a remedy basis rather than subject matter which was premised upon a termination of a contract of employment - Whether the Syariah Court had jurisdiction or power to grant a declaration - Whether consistent for first defendant to say that wrong procedure had been followed by not filing for judicial review and at the same time arguing Court had no jurisdiction
[2013] 1 LNS 389	TENAGA NASIONAL BERHAD v. ICHI-BAN PLASTIC (M) SDN BHD	CONTRACT: Breach - Agreement - Contract to supply electricity - Claims for loss of revenue - Whether prosecution and conviction under s. 37(1), (3) and (14) was prerequisite for a claim under s. 38(3) of the Electricity Supply Act 1990 - Whether any requirement to establish that defendant interfered with metering equipment - Whether defendant was sued as a consumer and not as perpetrator - Whether plaintiff met requirements of s. 38 to claim loss of revenue - Whether plaintiff's claim was for pecuniary loss based on a cause of action created by statute - Whether claim was damages or compensation to plaintiff for their loss of revenue - Whether calculation of the loss should be based on percentage of error - Whether measure of the loss was rebutted by defendant - Whether plaintiff's calculation was reasonable

CLJ 2014 Volume 1 (Part 5)

COURT

HIGH COURT

Wong Leh Yin v. PP
Abdul Wahab Patail, Zaharah Ibrahim, Mohamad Ariff Md Yusof JJCA
(Civil Procedure; Constitutional Law - National language - Use of National language in courts - Petition of appeal filed in Bahasa Malaysia instead of in the English language) [2014] 1 CLJ 565 [HC]

Che Som Che Mat v. Pentadbir Tanah Daerah Kerian
Lee Swee Seng JC
(Land Law - Acquisition of land - Compulsory - Compensation) [2014] 1 CLJ 575 [HC]

Ideal Advantage Sdn Bhd v. Palm Spring Joint Management Body & Anor
Asmabi Mohamad JC
(Land Law; Contract - Ownership - Claim for - Strata title) [2014] 1 CLJ 598 [HC]

Jardine Lloyd Thompson Sdn Bhd v. Berjaya Sompo Insurance Bhd
Nallini Pathmanathan J
(Insurance; Words & Phrases - Insurance clause - Construction of - Policy to cover dishonest acts of employees) [2014] 1 CLJ 635 [HC]

Teo Jyr Jong & Anor v. Asset First Sdn Bhd & Anor
Yeoh Wee Siam J
(Legal Profession; Contract; Land Law - Duty of care - Negligence - Solicitors) [2014] 1 CLJ 660 [HC]

TR Hamzah & Yeang Sdn Bhd v. City Centre Sdn Bhd
Umi Kalthum Abd Majid J
(Company Law - Winding up - Official Receiver and liquidator - Appointment of) [2014] 1 CLJ 682 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Proceedings - Petition of appeal - Preliminary objection - Petition of appeal filed in Bahasa Malaysia before High Court in Sarawak - Whether incurably defective - Whether bad in law and inadmissible - Whether use of Bahasa Malaysia expressly prohibited - Whether objection purely a technicality - Whether there was miscarriage of justice - Whether preliminary objection flawed - Rules of the High Court 1980, O. 2 r. 3 - Federal Constitution, art. 161(2)(b)
Wong Leh Yin v. PP
(Abdul Wahab Patail, Zaharah Ibrahim, Mohamad Ariff Md Yusof JJCA) [2014] 1 CLJ 565 [HC]

COMPANY LAW

Winding up - Official Receiver and liquidator - Appointment of - Companies Act 1965, s. 227 - Nomination of person or persons as liquidator for wound up company - Opposition to proposed nominees - Whether nominees in position of conflict of interest - Whether Official Receiver should remain as liquidator
TR Hamzah & Yeang Sdn Bhd v. City Centre Sdn Bhd
(Umi Kalthum Abd Majid J) [2014] 1 CLJ 682 [HC]

CONSTITUTIONAL LAW

National language - Use of National language in courts - Petition of appeal filed in Bahasa Malaysia instead of in the English language - Whether incurably defective - Whether bad in law and inadmissible - Federal Constitution, art. 161(2)(b)
Wong Leh Yin v. PP
(Abdul Wahab Patail, Zaharah Ibrahim, Mohamad Ariff Yusof JJCA) [2014] 1 CLJ 565 [HC]

CONTRACT

Breach - Sale and Purchase Agreements - Consideration and object of agreements - Whether unlawful - Whether developer breached mandatory conditions stipulated in Development Order - Whether titles acquired from developer was by insufficient and void instrument - Contracts Act 1950, s. 24
Ideal Advantage Sdn Bhd v. Palm Spring Joint Management Body & Anor
(Asmabi Mohamad JC) [2014] 1 CLJ 598 [HC]

Sale and purchase of property - Solicitor - Duty of care - Negligence - Whether there was a breach of duty of care and responsibilities - Whether there was a contract of appointment between plaintiffs and solicitor - Presumed or implied retainer - Whether existed - Whether solicitor negligent in the exercise of its professional duties - Whether there was contributory negligence by plaintiffs - Whether liability of solicitor in relation to plaintiffs' claim reduced
Teo Jyr Jong & Anor v. Asset First Sdn Bhd & Anor
(Yeoh Wee Siam J) [2014] 1 CLJ 660 [HC]

INSURANCE

Insurance clause - Construction of - Optional extension clause - Policy to cover acts of fraud of employees - Whether loss of monies within optional extension clause of policy - Whether payments to event management companies within optional extension clause of policy
Jardine Lloyd Thompson Sdn Bhd v. Berjaya Sompo Insurance Bhd
(Nallini Pathmanathan J) [2014] 1 CLJ 635 [HC]

Insurance clause - Construction of - Policy to cover dishonest acts of employees - Whether word 'loss of money' describes physical loss of monies - Whether 'loss' refers to natural and ordinary meaning or 'physical loss' - Whether specified
Jardine Lloyd Thompson Sdn Bhd v. Berjaya Sompo Insurance Bhd
(Nallini Pathmanathan J) [2014] 1 CLJ 635 [HC]

LAND LAW

Acquisition of land - Compensation - Assessment of - Whether compensation reflected true market value of land - Whether applicant's valuer and government's valuer had come to common concurrence - Whether court had discretion to differ from amount decided upon by both assessors - Injurious affection to remainder of land - Whether amount awarded should be increased - Whether applicant should be compensated for earth filling works carried out to construct new house on remaining land - Whether applicant should be allowed to claim for damage to crops - Interest - Award of - Whether on increased computation - Land Acquisition Act 1960, ss. 40D & 48 - National Land Code, s. 115
Che Som Che Mat v. Pentadbir Tanah Daerah Kerian
(Lee Swee Seng JC) [2014] 1 CLJ 575 [HC]

Acquisition of land - Compulsory - Compensation - Objection against - Land Acquisition Act 1960, s. 38(1) - Whether compensation reflected true market value of land - Whether applicant's valuer and government's valuer had come to common concurrence - Whether court had discretion to differ from amount decided upon by both assessors - Injurious affection to remainder of land - Whether amount awarded should be increased - Whether applicant should be compensated for earth filling works carried out to construct new house on remaining land - Whether applicant should be allowed to claim for damage to crops - Interest - Award of - Whether on increased computation - Land Acquisition Act 1960, ss. 40D & 48 - National Land Code, s. 115
Che Som Che Mat v. Pentadbir Tanah Daerah Kerian
(Lee Swee Seng JC) [2014] 1 CLJ 575 [HC]

Ownership - Claim for - Plaintiff owner of 45 units of condominium - 439 units of car parks transferred to plaintiff - Whether car parks common property - Whether transfer of car parks legal - Whether plaintiff's titles indefeasible - National Land Code, s. 340
Ideal Advantage Sdn Bhd v. Palm Spring Joint Management Body & Anor
(Asmabi Mohamad JC) [2014] 1 CLJ 598 [HC]

Sale and purchase of property - Solicitor - Duty of care - Negligence - Whether there was a breach of duty of care and responsibilities - Whether there was a contract of appointment between plaintiffs and solicitor - Presumed or implied retainer - Whether existed - Whether solicitor negligent in the exercise of its professional duties - Whether there was contributory negligence by plaintiffs - Whether liability of solicitor in relation to plaintiffs' claim reduced
Teo Jyr Jong & Anor v. Asset First Sdn Bhd & Anor
(Yeoh Wee Siam J) [2014] 1 CLJ 660 [HC]

Strata title - Accessory parcel - Plaintiff owner of 45 units of condominium - 439 units of accessory car park parcels transferred to plaintiff - Whether car parks common property - Whether car parks for commercial purposes - Whether plaintiff entitled to rental of car parks - Strata Titles Act 1985, ss. 4, 34 & 69 - Whether breached - Whether declaratory relief sought by plaintiff ought to be granted
Ideal Advantage Sdn Bhd v. Palm Spring Joint Management Body & Anor
(Asmabi Mohamad JC) [2014] 1 CLJ 598 [HC]

LEGAL PROFESSION

Duty of care - Negligence - Solicitors - Sale and purchase of property - Whether there was a breach of duty of care and responsibilities - Whether there was a contract of appointment between plaintiffs and solicitor - Presumed or implied retainer - Whether existed - Whether solicitor negligent in the exercise of its professional duties - Whether there was contributory negligence by plaintiffs - Whether liability of solicitor in relation to plaintiffs' claim reduced
Teo Jyr Jong & Anor v. Asset First Sdn Bhd & Anor
(Yeoh Wee Siam J) [2014] 1 CLJ 660 [HC]

WORDS & PHRASES

"loss" - Meaning of - Insurance policy - Whether ought to be accorded its natural and ordinary meaning - Whether "loss" refers to "physical loss" - Whether the word "loss" routinely utilised in insurance policies encompassing a wide variety of matters
Jardine Lloyd Thompson Sdn Bhd v. Berjaya Sompo Insurance Bhd
(Nallini Pathmanathan J) [2014] 1 CLJ 635 [HC]