Bulletin_9

CLJ Bulletin, Vol 2004, Issue 9
26 February 2004

Introduction:
To get the most out of this law bulletin join CLJ Law Online now - http://www.cljlaw.com/?page=subscription
Feel free to forward this to your colleagues. Get this bulletin as email by going to http://www.cljlaw.com/?page=bulletinsubscribe

New This Week

Current Law Journal February (Part 2) 2004

COURT OF APPEAL

Damayanti Kantilal Doshi & Anor v. Jigarlal Kantilal Doshi
(Civil procedure - Interlocutory injunction, appeal against refusal to grant) [2004] 1 CLJ 437

Exxon Chemical (Malaysia) Sdn Bhd v. Menteri Sumber Manusia, Malaysia & Ors
(Industrial Court - Appeal against dismissal of application of certiorari to quash Minister’s reference to Industrial Court) [2004] 1 CLJ 451

HIGH COURT

Eon Bank Bhd v. Jafuong Plywood Corporation Sdn Bhd & Ors
(Writ of summons - Application to set aside renewal granted) [2004] 1 CLJ 473

Kenichi Hattori & Anor v. Minoru Yamashita & Anor
(Plaintiffs and 1st defendant Japanese citizens residing in Japan whilst 2nd defendant a Malaysian company - Whether High Court had jurisdiction to hear action) [2004] 1 CLJ 491

Shamala Sathiyaseelan v. Dr Jeyaganesh C Mogarajah
(Wife applied for custody of children after husband converted to Islam - Whether civil court had jurisdiction to hear application - Whether husband’s custody application granted in syariah court bound wife) [2004] 1 CLJ 505

SUBJECT INDEX

CIVIL PROCEDURE

Action - Forum non-conveniens - Plaintiffs and 1st defendant Japanese citizens residing in Japan whilst 2nd defendant a Malaysian company - Whether action should be tried in Japan - Whether Malaysian court was suitable forum as it had the most real and substantial connection with the action
Kenichi Hattori & Anor v. Minoru Yamashita & Anor
(Ramly Ali J) [2004] 1 CLJ 491

Injunction - Interlocutory injunction, appeal against refusal to grant - Injunction was sought to restrain respondent from having access to fund - Whether fund was protected by consent order - Whether non-disclosure of restraining orders made against appellants did not warrant justice of case to be overlooked - Whether issue estoppel had any application - Whether there were serious questions to be tried - Whether respondent was prejudiced - Whether balance of convenience was in favour of appellants - Whether damages an adequate remedy
Damayanti Kantilal Doshi & Anor v. Jigarlal Kantilal Doshi
(Abdul Hamid Mohamad, Richard Malanjum JJCA & Kang Hwee Gee J) [2004] 1 CLJ 437

Jurisdiction - Court - Writ of summons - Application to set aside on lack of jurisdiction - Plaintiffs and 1st defendant Japanese citizens residing in Japan whilst 2nd defendant a Malaysian company - Whether High Court had jurisdiction to hear action - Whether jurisdiction conferred by s. 23(1)(b) Courts of Judicature Act 1964 in view of Malaysian defendant company
Kenichi Hattori & Anor v. Minoru Yamashita & Anor
(Ramly Ali J) [2004] 1 CLJ 491

Jurisdiction - Custody - Children of Hindu marriage - Wife applied for custody of children after husband converted to Islam - Whether civil court had jurisdiction to hear application
Shamala Sathiyaseelan v. Dr Jeyaganesh C Mogarajah
(Faiza Tamby Chik J) [2004] 1 CLJ 505

Writ of summons - Renewal - Application to set aside renewal granted - Whether plaintiff’s usage of word ‘abridge’ instead of ‘extend’ in application to renew under O. 3 r. 5 RHC 1980 fatal - Whether renewal provision O. 6 r. 7(2A) mandatory - Whether maxim generalia specialibus non derogant applicable - Whether grounds for renewal sufficient
Eon Bank Bhd v. Jafuong Plywood Corporation Sdn Bhd & Ors
(Sangau Gunting JC) [2004] 1 CLJ 473

FAMILY LAW

Children - Custody - Children of Hindu marriage - Wife applied for custody of children after husband converted to Islam - Whether civil court had jurisdiction to hear application - Whether husband’s custody application granted in syariah court bound wife - Whether syariah court had no jurisdiction over wife as she was a non-Muslim - Whether wife had legal guardianship of children under the Guardianship of Infants Act 1961 - Whether husband’s obligation under Hindu marriage was not extinguished or avoided by his conversion to Islam - Whether Hindu marriage could only be dissolved by a petition presented by wife under s. 51 Law Reform (Marriage & Divorce) Act 1976
Shamala Sathiyaseelan v. Dr Jeyaganesh C Mogarajah
(Faiza Tamby Chik J) [2004] 1 CLJ 505

LABOUR LAW

Industrial Court - Reference - Appeal - Appeal against dismissal of application of certiorari to quash Minister’s reference to Industrial Court - Industrial Court was referred dispute pertaining to retrenchment of respondents by appellant company - Whether Minister properly exercised his discretion in referring dispute to Industrial Court - Whether respondents’ receipt of retrenchment benefits acted as an estoppel against them - Industrial Relations Act 1967, ss. 20(3), 30(5)
Exxon Chemical (Malaysia) Sdn Bhd v. Menteri Sumber Manusia, Malaysia & Ors
(Mokhtar Sidin, Abdul Kadir Sulaiman & Abdul Aziz Mohamad JJCA) [2004] 1 CLJ 451

CLJ Bulletin
To Subscribe/Unsubscribe go to http://www.cljlaw.com/?page=bulletinsubscribe