Legal Network Series

[2012] 1 LNS 674	SOUTHEAST ASIA SPECIAL ASSET MANAGEMENT BERHAD v. OH KIM HOE	BANKING: Securities for advances - Deposit of shares as security - Plaintiff proposed to dispose of pledged securities to reduce total amount due from defendant - Quantum of debt - Whether entire security afforded by defendant disposed of - Whether any basis to contend that there remained shares unsold - Whether sale of pledged securities done at an undervalue CIVIL PROCEDURE: Parties - Locus standi - Vesting order - Effect of - Certificate of Indebtedness bearing CIMB Bank Berhad's letterhead produced to prove quantum due and owing - Entire assets and liabilities of CIMB assigned to and vested in plaintiff - Whether plaintiff had locus to institute these proceedings - Whether proper party to sue was CIMB and not plaintiff - Whether pursuant to such vesting CIMB had locus to initiate any action as debt had been effectively assigned to and vested in plaintiff - Whether fact that Certificate of Indebtedness was produced on CIMB's letterhead could alter or revoke such assignment - Whether Certificate of Indebtedness merely certified quantum due - Whether Certificate altered ownership of debt which belonged to plaintiff which was the correct party to collect the same
[2012] 1 LNS 675	SAIFUL EDI v. GEFFRY UJIE JOSHUA	DAMAGES (PERSONAL INJURY OR DEATH): Appeal - Appeal against award made - Whether Sessions Court Judge correct in making separate award of RM80,000 for disfigurement - RM100,000 awarded for loss of vision which related to disfigurement - Whether any overlapping with risk of over compensation - Whether award of RM80,000 for disfigurement should be reduced to RM40,000 - Loss of income for six months - Whether Sessions Court Judge correctly applied principle of mitigation of damages
[2012] 1 LNS 676	PP v. LIM SENG HUA	CRIMINAL PROCEDURE: Appeal - Appeal against acquittal and discharge - Whether relevant that prosecution did not tender evidence of ownership of house in question - Whether in absence of ID parade, dock identification should have been given proper weight by Magistrate - Whether there was credible evidence to support ingredients of the charge of cheating
[2013] 1 LNS 546	FORSTAR FROZEN FOODS PVT LTD v. LAKUDANG (M) SDN BHD & ANOR	BANKING: Bills of exchange - First and second defendants duly accepted Bills of Exchange - Whether they unequivocally accepted obligation to pay amount due under the Bills of Exchange within period stated - Whether they were under duty to honour payment of sums due thereunder pursuant to s. 54 of the Bills of Exchange Act 1949 - Whether first and second defendants also liable to pay interest, by way of damages, on amounts due under respective Bills of Exchange from their maturity date pursuant to s. 57 of the Bills of Exchange Act 1949
[2013] 1 LNS 553	SANGKA CHUKA & ANOR v. PENTADBIR TANAH DAERAH MERSING, JOHOR & ORS	ADMINISTRATIVE LAW: Judicial review - Application for - Certiorari - Whether limitation applicable - Whether eviction notice dated 17.01.2012 posted on a tree could be construed as a decision - Whether computation of time should run from 15.09.2011 being day that applicants were first informed of order of respondents for them to vacate impugned land - Even if notice dated 17.01.2012 could be considered as a notification of the decision of 2nd respondent by 1st respondent, whether at the most, it amounted to a second notification of the decision - Whether application for judicial review exceeded the 40 day statutory limit under O. 53 r. 3(6), Rules of the High Court 1980 - Whether the Court had jurisdiction to hear this application CIVIL PROCEDURE: Locus standi - Declaration and injunctive relief - Against the government - Whether applicants established they had locus standi to bring action on behalf of group of aborigines that they purported to represent - Whether shown that aborigines had a lawful right to the disputed land on the ground that it was ancestral or customary land that they had inhabited and cultivated for generations - Whether applicants had shown any special interest on their part in the proceedings and how they had been aggrieved or adversely affected by decision of 2nd respondent

CLJ 2014 Volume 2 (Part 4)

COURT

FEDERAL COURT

Koh Jui Hiong & Ors v. Ki Tak Sang & Another Appeal
Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Ahmad Maarop, Hasan Lah, Jeffrey Tan FCJJ
(Company Law - Oppression - Derivative action - Whether action properly commenced) [2014] 2 CLJ 401 [FC]

Zung Zang Wood Products Sdn Bhd & Ors v. Kwan Chee Hang Sdn Bhd & Ors
Raus Sharif PCA, Suriyadi Halim Omar, Ahmad Maarop, Hasan Lah, Jeffrey Tan FCJJ
(Limitation - Fraudulent disposal and surreptitious conversion of shares - Delay in discovery of fraud and conversion) [2014] 2 CLJ 445 [FC]

COURT OF APPEAL

Ketua Pengarah Kastam Dan Eksais & Anor v. Pioneer Technology (Malaysia) Sdn Bhd
Zainun Ali, Ramly Ali, Abdul Wahab Patail JJCA
(Revenue Law - Sales Tax - Assessment - Licensed manufacturing warehouse operating as manufacturer and distributor - Customs duty) [2014] 2 CLJ 490 [CA]

Tenaga Nasional Bhd v. Yahaya Jusoh
Abdul Wahab Patail, Rohana Yusuf, Tengku Maimun JJCA
(Administrative Law; Labour Law - Employment - Absenteeism - Leave without approval) [2014] 2 CLJ 498 [CA]

HIGH COURT

David Dass Aseerpatham v. Lim Guan Eng & Anor
Rosnaini Saub J
(Unincorporated Associations - Societies - Political party - Societies Act 1966, s. 18C) [2014] 2 CLJ 509 [HC]

Dennis Lee Kuok Loong v. PP
Rhodzariah Bujang J
(Road Traffic - Negligence - Road accident - Liability - Collision between two vehicles) [2014] 2 CLJ 519 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Judicial review proceedings - Appeal to set aside High Court order quashing award of Industrial Court - Whether award of Industrial Court tainted with illegality, irrationality or impropriety - Whether High Court erroneously exercised appellate jurisdiction in judicial review proceedings
Tenaga Nasional Bhd v. Yahaya Jusoh
(Abdul Wahab Patail, Rohana Yusuf, Tengku Maimun JJCA) [2014] 2 CLJ 498 [CA]

COMPANY LAW

Oppression - Derivative action - Derivative action commenced without joining company as nominal respondent - Leave of court not obtained - Whether action properly commenced - Whether s. 181 Companies Act 1965 could be used to outflank rule in Foss v. Harbottle
Koh Jui Hiong & Ors v. Ki Tak Sang & Another Appeal
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Ahmad Maarop, Hasan Lah, Jeffrey Tan FCJJ) [2014] 2 CLJ 401 [FC]

Oppression - Minority protection - Companies Act 1965, s. 181 - Allegation of irregular financial transactions - Nature of complaint was on misconduct rather than mismanagement - Whether action properly instituted - Whether damages to be awarded
Koh Jui Hiong & Ors v. Ki Tak Sang & Another Appeal
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Ahmad Maarop, Hasan Lah, Jeffrey Tan FCJJ) [2014] 2 CLJ 401 [FC]

Oppression - Minority protection - Companies Act 1965, s. 181 - Locus standi - Petitioner to be member of company - Whether company itself can be petitioner
Koh Jui Hiong & Ors v. Ki Tak Sang & Another Appeal
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Ahmad Maarop, Hasan Lah, Jeffrey Tan FCJJ) [2014] 2 CLJ 401 [FC]

Oppression - Relief - Companies Act 1965, s. 181 - Damages - Whether damages available remedy under s. 181(2) Companies Act 1965 - Whether damages to be awarded
Koh Jui Hiong & Ors v. Ki Tak Sang & Another Appeal
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Ahmad Maarop, Hasan Lah, Jeffrey Tan FCJJ) [2014] 2 CLJ 401 [FC]

LABOUR LAW

Employment - Absenteeism - Leave without approval - Failure to report back to work - Whether appellant condoned respondent's conduct - Whether dismissal with just cause and excuse
Tenaga Nasional Bhd v. Yahaya Jusoh
(Abdul Wahab Patail, Rohana Yusuf, Tengku Maimun JJCA) [2014] 2 CLJ 498 [CA]

Industrial Court - Award - Application for judicial review to quash award of Industrial Court - Whether Industrial Court committed error of law - Whether High Court could interfere with findings of fact by Industrial Court
Tenaga Nasional Bhd v. Yahaya Jusoh
(Abdul Wahab Patail, Rohana Yusuf, Tengku Maimun JJCA) [2014] 2 CLJ 498 [CA]

LIMITATION

Fraudulent disposal and surreptitious conversion of shares - Whether applicable limitation periods were Items 37 and 77 of Schedule to Sabah Limitation Ordinance and not s. 18 - Whether reasonable for wronged party to have taken 14 months to discover surreptitious conversion of company's shares - Whether conversion apparent from cursory reading of company's accounts - Whether delay in discovery of fraud and conversion compounded by fact perpetrator entrusted with management of company and subsidiaries for several years
Zung Zang Wood Products Sdn Bhd & Ors v. Kwan Chee Hang Sdn Bhd & Ors
(Raus Sharif PCA, Suriyadi Halim Omar, Ahmad Maarop, Hasan Lah, Jeffrey Tan FCJJ) [2014] 2 CLJ 445 [FC]

REVENUE LAW

Sales Tax - Assessment - Licensed manufacturing warehouse operating as manufacturer and distributor - Customs duty - Whether general expenses costs formed part of costs of production and sale pursuant to reg. 9(3) of Customs (Rules of Valuation) Regulations 1999 - Whether exemption under s. 65A(3)(b) of Customs Act 1967 obtained
Ketua Pengarah Kastam Dan Eksais & Anor v. Pioneer Technology (Malaysia) Sdn Bhd
(Zainun Ali, Ramly Ali, Abdul Wahab Patail JJCA) [2014] 2 CLJ 490 [CA]

ROAD TRAFFIC

Negligence - Road accident - Liability - Conviction and sentence - Appeal against - Collision between two vehicles - Whether appellant encroached onto PW1's lane - Failure to recall identity of car which overtook before collision - Whether evidence inherently incredible - Appellant's version of driving at slow speed before collision - Whether defied reasoning as photographic evidence showed PW1's car a total wreck and had spun in opposite direction - Failure to mention loose gravels on road in police report - Whether appellant's defence unbelievable and failed to raise reasonable doubt - Whether appellant had fallen below standard of care and skill of competent driver - Whether conviction safe - Whether sentence imposed manifestly excessive
Dennis Lee Kuok Loong v. PP
(Rhodzariah Bujang J) [2014] 2 CLJ 519 [HC]

UNINCORPORATED ASSOCIATIONS

Societies - Political party - Dispute as to election of members of Central Executive Committee - Directive by Registrar of Societies for re-election - Political party interpreted party's constitution and decided that directive complied with - Whether decision of political party could be questioned by court - Societies Act 1966, s. 18C
David Dass Aseerpatham v. Lim Guan Eng & Anor
(Rosnaini Saub J) [2014] 2 CLJ 509 [HC]