CLJ Bulletin, Issue 2010, Vol 15
09 April 2010
CLJ Law MALAYSIA
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| New This Week | 1. Practice Direction (Court of Appeal) |
| 2. Legislation Highlights | |
| 3. Articles | |
| a) Legal Network Series Articles | |
| b) CLJ Articles | |
| 4. CLJ Volume 3 (Part 7) 2010 | |
| 5. CLJ Volume 3 (Part 8) 2010 |
1. Practice Direction (Court of Appeal)
PU (A)
NUMBER TITLE DATE COMING INTO FORCE PRINCIPAL ACT NO PU(A) 090/2010 Income Tax (Exemption) (No 7) Order 2009 1 April 2010 ACT 53 PU(A) 091/2010 Income Tax (Exemption) (No 9) Order 2009 1 April 2010 ACT 53 PU(A) 092/2010 Customs (Values) (Palm Kernel) (No 4) Order 2010 1 April 2010 ACT 235 PU(A) 093/2010 Customs Duties (Amendment) Order 2010 1 April 2010 ACT 235 PU(A) 094/2010 Customs Duties (Goods Of Asean Countries Origin) (Asean Harmonised Tariff Nomenclature And Common Effective Preferential Tariff) (Amendment) Order 2010 1 April 2010 ACT 235 PU (B)
NUMBER TITLE DATE COMING INTO FORCE PRINCIPAL ACT NO PU(B) 125/2010 Reservation Of Land For A Public Purpose - Federal Territory Of Kuala Lumpur: Town - Kuala Lumpur 25 MARCH 2010 ACT 56/1965 PU(B) 126/2010 Revocation Of Notification Of Issuance Of Class Assignments 25 MARCH 2010 ACT 588 PU(B) 127/2010 Declaration Of Intended Acquisition 25 MARCH 2010 SABAH CAP. 69 PU(B) 141/2010 Appointment Of Date Of Coming Into Operation 1 APRIL 2010 ACT A1369 PU(B) 142/2010 Appointment Of Date Of Coming Into Operation 1 APRIL 2010 ACT A1370
Bills
NUMBER TITLE DATE COMING INTO FORCE PRINCIPAL ACT NO DR 2/2010 Supplementary Supply (2009) Act 2010 - ACT A1340 DR 3/2010 Supplementary Supply (2010) Act 2010 - ACT A1361 DR 4/2010 Strategic Trade Act 2010 - -
a) Legal Network Series Articles
1. Calderbank Offers - The Effective Use Of Offers* [Read
excerpt]
By Nicole Armitage, DG Thompson
2.
Employment Law Matters
The HR manual and recruitment material at work: Is it part of an employee's
contract of employment?* [Read
excerpt]
By John Wilson, Williams Love & Nicol**
1. Electronic Wills [Read
excerpt]
By Rokiah Kadir*
2. Appointment Of Female Judges In Muslim Countries [Read
excerpt]
By Aishath Muneeza*
COURT
FEDERAL COURT
Sabah Forest Industries Sdn Bhd v. Unp Plywood Sdn Bhd
(Federal Court - Inherent powers - Power to review own decision) [2010] 3 CLJ 779
Zaitun Marketing Sdn Bhd v. Boustead Eldred Sdn Bhd
(Winding up - Whether liquidator authorized to appoint solicitors to defend legal proceedings without leave of court) [2010] 3 CLJ 785
COURT OF APPEAL
Chian Swee Ong v. PP
(Penal Code - Section 300 - Murder - Defence - Whether grave and sudden provocation) [2010] 3 CLJ 799
Ngan & Ngan Holdings Sdn Bhd & Anor v. Central Mercantile Corporation (M) Sdn Bhd
(Company law - Directors - Gratuity, payment to outgoing director) [2010] 3 CLJ 818
HIGH COURT
Illinois Tool Works, Inc v. Pendaftar Cap Dagangan, Malaysia
(Trade Marks - Registration - Withdrawal of acceptance by registrar) [2010] 3 CLJ 837
Re Rajangam Marimuthu Mudalliar; Ex p Parkash Singh Wasawa Singh
(Bankruptcy - Discharge - Discharge without settlement) [2010] 3 CLJ 858
Sunthararaju Pachayappan v. Jabatan Kastam Diraja Malaysia
(Customs and excise - Seizure) [2010] 3 CLJ 865
Syarizan Sudirmin & Ors v. Abdul Rahman Bukit & Anor
(Police - Duty of care owed by policeman to suspect he is pursuing) [2010] 3 CLJ 877
SUBJECT INDEX
BANKRUPTCY
Discharge - Discharge without settlement - Director General of Insolvency - Exercise of discretion to discharge a bankrupt - Bankrupt aged 58, judgment debt less than RM10,000 and bankruptcy been administered for more than 10 years - Whether discharge in accord with public policy - Bankruptcy Act 1967, ss. 33, 33A, 33B
Re Rajangam Marimuthu Mudalliar; Ex p Parkash Singh Wasawa Singh
(Ahmadi Asnawi JC) [2010] 3 CLJ 858 [HC]
Discharge - Discharge without settlement - Prohibitory order - Bankrupt aged 58, judgment debt less than RM10,000 and bankruptcy been administered for more than 10 years - Prohibitory Order against Director General of Insolvency - Whether untenable - Whether to be revoked - Bankruptcy Act 1967, ss. 33, 33A, 33B
Re Rajangam Marimuthu Mudalliar; Ex p Parkash Singh Wasawa Singh
(Ahmadi Asnawi JC) [2010] 3 CLJ 858 [HC]
COMPANY LAW
Directors - Payments to directors - Gift - Gratuity, payment to outgoing director - Proposal to give property - Not approved by board - Not approved by shareholders in general meeting - Whether board of holding company empowered to dispose of assets of subsidiary company - Whether approval of subsidiary company in general meeting required - Subsidiary company not wholly owned by holding company, whether such distinction material - Companies Act 1965, s. 137(1), (5)(d), (5)(e) - Requirements and compliance - Imperfect gift, whether court would compel intending donor to perfect it
Ngan & Ngan Holdings Sdn Bhd & Anor v. Central Mercantile Corporation (M) Sdn Bhd
(Heliliah Mohd Yusof, KN Segara & Ramly Ali JJCA) [2010] 3 CLJ 818 [CA]
Winding up - Liquidators - Bringing or defending legal proceedings - Refusal of liquidator to bring or defend legal proceedings - Whether court empowered to authorize persons other than liquidator to conduct litigation in company's name
Zaitun Marketing Sdn Bhd v. Boustead Eldred Sdn Bhd
(Zaki Tun Azmi CJ, Alauddin Mohd Sheriff PCA & Gopal Sri Ram FCJ) [2010] 3 CLJ 785 [FC]
Winding up - Liquidators - Bringing or defending legal proceedings - Whether liquidator authorized to appoint former director of company in liquidation to launch, continue or defend legal proceedings in company's name
Zaitun Marketing Sdn Bhd v. Boustead Eldred Sdn Bhd
(Zaki Tun Azmi CJ, Alauddin Mohd Sheriff PCA & Gopal Sri Ram FCJ) [2010] 3 CLJ 785 [FC]
Winding up - Liquidators - Bringing or defending legal proceedings - Whether liquidator authorized to appoint solicitors to bring or defend legal proceedings without leave of court or committee of inspection - Companies Act 1965, s. 236 (2)(a)
Zaitun Marketing Sdn Bhd v. Boustead Eldred Sdn Bhd
(Zaki Tun Azmi CJ, Alauddin Mohd Sheriff PCA & Gopal Sri Ram FCJ) [2010] 3 CLJ 785 [FC]
Winding up - Liquidators - Ordinary administrative and management duties of liquidator - Whether leave of court or committee of inspection required to appoint advocate to assist liquidator in such duties - Companies Act 1965, s. 236 (1)(e)
Zaitun Marketing Sdn Bhd v. Boustead Eldred Sdn Bhd
(Zaki Tun Azmi CJ, Alauddin Mohd Sheriff PCA & Gopal Sri Ram FCJ) [2010] 3 CLJ 785 [FC]
Winding up - Suit by company - Jurisdiction of court - Power of court to authorize persons other than liquidator to conduct litigation in company's name - Whether such power only exercisable on liquidator's refusal to exercise authority
Zaitun Marketing Sdn Bhd v. Boustead Eldred Sdn Bhd
(Zaki Tun Azmi CJ, Alauddin Mohd Sheriff PCA & Gopal Sri Ram FCJ) [2010] 3 CLJ 785 [FC]
CRIMINAL LAW
Penal Code - Section 300 - Murder - Defence - Provocation - Exception 1 - Whether accused deprived of power of self control by grave and sudden provocation - Whether strictly an objective test - Whether reasonable man (belonging to same class of society as accused) placed in similar situation would lose self control - Whether victim's conduct amounted to grave and sudden provocation - Whether accused ought reasonably not to have lost his self control when victim rejected and mocked him - Client/prostitute relationship between accused and victim, whether a material consideration
Chian Swee Ong v. PP
(Tengku Baharuddin Shah, Hasan Lah & Jeffrey Tan JJCA) [2010] 3 CLJ 799 [CA]
Penal Code - Section 300 - Murder - Ingredients - Intention to cause bodily injury - Sufficient in the ordinary course of nature to cause death - Death of a human being - Penal Code, s. 46 - Victim unidentifiable, whether material - Whether sufficient for prosecution to prove death of a human being and not a particular identifiable person
Chian Swee Ong v. PP
(Tengku Baharuddin Shah, Hasan Lah & Jeffrey Tan JJCA) [2010] 3 CLJ 799 [CA]
CRIMINAL PROCEDURE
Customs investigation - Seizure of buffaloes and motor lorry - Claim for return - Duty of Customs Department - Director General of Customs to decide whether to release seized goods or refer matter to Magistrate within one month from date of receipt of claimant's notice - Failure to comply with s. 128 Customs Act 1967 - Detention unlawful
Sunthararaju Pachayappan v. Jabatan Kastam Diraja Malaysia
(Mohd Sofian Abd Razak J) [2010] 3 CLJ 865 [HC]
Police investigation - Caution-statement - Whether caution properly administered to accused - Whether trial judge right in admitting caution-statement - Recording officer recorded in caution-statement that accused indicated that he understood caution - Whether sufficient - Criminal Procedure Code, s. 113(1)(a)(ii), whether complied with
Chian Swee Ong v. PP
(Tengku Baharuddin Shah, Hasan Lah & Jeffrey Tan JJCA) [2010] 3 CLJ 799 [CA]
Trial - Close of prosecution's case - Prima facie case - Maximum evaluation of prosecution's evidence, whether conducted by trial judge - Cumulative effect of circumstantial evidence against accused - Whether trial judge correct in ruling prima facie case made out
Chian Swee Ong v. PP
(Tengku Baharuddin Shah, Hasan Lah & Jeffrey Tan JJCA) [2010] 3 CLJ 799 [CA]
CUSTOMS AND EXCISE
Seizure - Seizure made by police officers - Seized items later handed over to Customs - Whether provisions of Customs Act 1967 applicable
Sunthararaju Pachayappan v. Jabatan Kastam Diraja Malaysia
(Mohd Sofian Abd Razak J) [2010] 3 CLJ 865 [HC]
Seizure - Seizure of buffaloes and motor lorry - Claim for return - Duty of Customs Department - Director General of Customs to decide whether to release seized goods or refer matter to magistrate within one month from date of receipt of claimant's notice - Failure to comply with s. 128 Customs Act 1967 - Detention unlawful
Sunthararaju Pachayappan v. Jabatan Kastam Diraja Malaysia
(Mohd Sofian Abd Razak J) [2010] 3 CLJ 865 [HC]
JURISDICTION
Federal Court - Inherent powers - Power to review own decision - Allegation that panel that disposed of appeal was in breach
of natural justice - Allegation that panel that disposed of appeal could not review suitability of questions already approved by leave panel - Whether threshold of r. 137, Rules of the Federal Court 1995 satisfied
Sabah Forest Industries Sdn Bhd v. Unp Plywood Sdn Bhd
(Zaki Tun Azmi CJ, James Foong & Heliliah Mohd Yusof FCJJ) [2010] 3 CLJ 779 [FC]
POLICE
Powers - Seizure of property - Seizure made by police officers - Seized items later handed over to Customs - Whether provisions of Customs Act 1967 applicable
Sunthararaju Pachayappan v. Jabatan Kastam Diraja Malaysia
(Mohd Sofian Abd Razak J) [2010] 3 CLJ 865 [HC]
TORT
Damages - Award of damages - Aggravated damages - Suspect's claim of being assaulted, beaten and stabbed by policeman not proven - Aggravated damages not awarded
Syarizan Sudirmin & Ors v. Abdul Rahman Bukit & Anor
(VT Singham J) [2010] 3 CLJ 877 [HC]
Damages - Award of damages - Exemplary damages - Suspect's motorcycle kicked by policeman during pursuit at high speed causing accident and severe injuries to suspect - Policeman's act unjustified, unacceptable and unlawful - Unauthorized, wilful, wrongful and oppressive act - High degree of foreseeability of accident and injury - Exemplary damages granted to mark court's disapproval of policeman's conduct
Syarizan Sudirmin & Ors v. Abdul Rahman Bukit & Anor
(VT Singham J) [2010] 3 CLJ 877 [HC]
Damages - Cost of care - Victim paraplegic and wheel chair dependant for life - Maids may not be willing to provide service required by victim - Victim's father gave up job as fisherman to look after victim - Value of father's services to be compensated based on cost of engaging domestic help - RM500 per month awarded for cost of future care - RM200 per month awarded for cost of care rendered by father while victim still in hospital
Syarizan Sudirmin & Ors v. Abdul Rahman Bukit & Anor
(VT Singham J) [2010] 3 CLJ 877 [HC]
Negligence - Contributory Negligence - Suspect riding motorcycle at high speed to avoid apprehension by police - Suspect not wearing crash helmet - Suspect's motorcycle kicked by policeman during pursuit at high speed causing accident and severe injuries to suspect - Whether suspect contributed to damages suffered - Liability apportioned at 75% against policeman and 25% against suspect
Syarizan Sudirmin & Ors v. Abdul Rahman Bukit & Anor
(VT Singham J) [2010] 3 CLJ 877 [HC]
Negligence - Duty of care - Police - Duty of care owed by policeman to suspect he is pursuing - Duty to exercise reasonable care and skill - Whether act of kicking suspect's motor cycle while riding at fast speed and causing accident amounted to breach of duty - Claim for damages for severe injuries sustained by suspect - Maxim of ex turpi causa non oritur actio not applicable - Government vicariously liable for negligence of policeman
Syarizan Sudirmin & Ors v. Abdul Rahman Bukit & Anor
(VT Singham J) [2010] 3 CLJ 877 [HC]
TRADE MARKS
Registration - Application for - Trade Marks Act 1976, s. 10(1) - Whether complied with - Whether Trade Mark "HIGH TEMP RED" an invented word - Whether "HIGH TEMP RED" has meaning as one singular mark - Whether meaning obvious - Whether mark has direct reference to character or quality of goods - Whether mark distinctive - Whether other members of trade deprived from using similar words to describe their goods - Whether covert and skilful allusion to character or quality of goods permissible - Whether requirements of s. 10(1) Trade Marks Act 1967 satisfied - Whether mark registrable
Illinois Tool Works, Inc v. Pendaftar Cap Dagangan, Malaysia
(Ramly Ali J) [2010] 3 CLJ 837 [HC]
Registration - Withdrawal of acceptance by registrar - Finding by registrar that requirements of s. 10(1) of Trade Marks Act 1976 complied with - Trademark accepted, advertised and gazetted - Whether registrar may subsequently withdraw acceptance on grounds of error - Details of error not communicated in writing to applicant - Applicant not offered opportunity to respond - Whether registrar's exercise of discretion improper
Illinois Tool Works, Inc v. Pendaftar Cap Dagangan, Malaysia
(Ramly Ali J) [2010] 3 CLJ 837 [HC]
WORD & PHRASES
'advocate' - Companies Act 1965, s. 236(1) (e), (2)(a) - Whether refers to an advocate and solicitor of the High Court
Zaitun Marketing Sdn Bhd v. Boustead Eldred Sdn Bhd
(Zaki Tun Azmi CJ, Alauddin Mohd Sheriff PCA & Gopal Sri Ram FCJ) [2010] 3 CLJ 785 [FC]
COURT
FEDERAL COURT
Lembaga Kemajuan Tanah Persekutuan (Felda) & Anor v. Awang Soh Mamat & Ors And Another Application
(Judgment - Setting aside - Application for) [2010] 3 CLJ 895
Yazid Sufaat & Ors v. Suruhanjaya Pilihanraya Malaysia
(Civil Procedure - Appeal - Leave to appeal - Application for) [2010] 3 CLJ 903
COURT OF APPEAL
Munusamy Karuppiah v. Sang Lee Company Sdn Bhd & Ors
(Functus officio - Judgments and orders, amendment of) [2010] 3 CLJ 924
Timhar Jimdani Ong & Anor v. PP
(Police investigation - First information report - Police report) [2010] 3 CLJ 938
HIGH COURT
Awang Ismail & Ors v. Kerajaan Negeri Kedah & Ors
(Estoppel - Res judicata and issue estoppel - Argument on locus standi) [2010] 3 CLJ 962
Malayan Banking Bhd v. Gale Force Sdn Bhd; Shan Shui Golf & Country Resort Bhd (Intervener)
(Parties - Intervention - Application to intervene) [2010] 3 CLJ 993
Nasir Manaf & Ors v. Datuk Seri Panglima Joseph Pairin Kitingan & Ors
(Striking out - Application for - Rules of the High Court 1980, O. 18 r. 19) [2010] 3 CLJ 1005
Zainal Ibrahim v. PP
(Evidence - Corroboration - Rape) [2010] 3 CLJ 1018
SUBJECT INDEX
CIVIL PROCEDURE
Appeal - Leave to appeal - Application for - Whether there were questions of law requiring determination by the court - Questions formulated leaned heavily on alleged deprivation of constitutional rights - Whether such rights were an issue in the circumstances - Whether of public interest - Whether there was prima facie chance of success - Whether proper case for leave to be granted - Courts of Judicature Act 1964, s. 96(a)
Yazid Sufaat & Ors v. Suruhanjaya Pilihanraya Malaysia
(Alauddin Mohd Sheriff PCA, Hashim Yusoff & Mohd Ghazali Yusoff FCJJ) [2010] 3 CLJ 903
Estoppel - Res judicata and issue estoppel - Argument on locus standi fully ventilated at High Court and Court of Appeal - Locus standi point abandoned by defendant at Federal Court - Whether abandonment amounted to admission of fact regarding locus standi - Whether admission could be withdrawn and a contrary position now taken - Whether res judicata or issue estoppel prevented issue of locus standi from being raised again
Awang Ismail & Ors v. Kerajaan Negeri Kedah & Ors
(Zamani Rahim JC) [2010] 3 CLJ 962
Functus officio - Judgments and orders, amendment of - Initial order clear and unambiguous - Order subsequently amended by different judge on application by defendants - Whether such amendment proper - Whether court functus officio - Whether defendants' remedy was an appeal
Munusamy Karuppiah v. Sang Lee Company Sdn Bhd & Ors
(Low Hop Bing, Abdul Malik Ishak & Wan Adnan Muhamad JJCA) [2010] 3 CLJ 924
Judgment - Setting aside - Application for - Attempt to reopen concurrent exercise of discretion - Whether court to grant leave in such case - Whether there was a miscarriage of justice
Lembaga Kemajuan Tanah Persekutuan (Felda) & Anor v. Awang Soh Mamat & Ors And Another Application
(Zaki Tun Azmi Cj (Malaya), Zulkefli Makinudin & Gopal Sri Ram FCJJ) [2010] 3 CLJ 895
Judgments and orders - Amendment of - Initial order clear and unambiguous - Order subsequently amended by different judge on application by defendants - Whether such amendment proper - Whether court functus officio - Whether defendants remedy was an appeal
Munusamy Karuppiah v. Sang Lee Company Sdn Bhd & Ors
(Low Hop Bing, Abdul Malik Ishak & Wan Adnan Muhamad JJCA) [2010] 3 CLJ 924
Locus standi - Test - Test of threshold locus standi - Whether applicant adversely affected - Whether applicant a mere busybody - Whether same test applies in public law action - Whether illegality or unlawfulness of public authority's conduct override objections on lack of locus standi
Awang Ismail & Ors v. Kerajaan Negeri Kedah & Ors
(Zamani Rahim JC) [2010] 3 CLJ 962
Parties - Intervention - Application to intervene to set aside vesting order - Whether failure to cite Minister of Finance fatal to application - Whether vesting order null and void on ground that there was contravention of s. 49(9)(a) Banking and Financial Institutions Act (BAFIA)
Malayan Banking Bhd v. Gale Force Sdn Bhd; Shan Shui Golf & Country Resort Bhd (Intervener)
(David Wong Dak Wah J) [2010] 3 CLJ 993
Striking out - Application for - Rules of the High Court 1980, O. 18 r. 19 - Failure to alienate lands to plaintiffs based on agreement with State Government - Whether there were valid and binding agreements between plaintiffs and defendants - Whether plaintiff had locus standi to maintain action - Whether plaintiff's claim disclosed no reasonable cause of action - Whether application allowed
Nasir Manaf & Ors v. Datuk Seri Panglima Joseph Pairin Kitingan & Ors
(Abdul Rahman Sebli JC) [2010] 3 CLJ 1005
CRIMINAL PROCEDURE
Police investigation - First information report - Police report - Whether report must particularise every action taken or observation made by arresting officer - Whether report must contain entire case for prosecution - Whether omissions in report fatal to prosecution's case - Whether report can be held to be materially inconsistent with prosecution's narration of facts at trial - Whether omissions in report diminish weight of arresting officer's testimony or credibility - Whether omissions in police report should have been put to arresting officer during cross-examination or can be raised at submissions stage
Timhar Jimdani Ong & Anor v. PP
(Raus Sharif, Abdull Hamid Embong & Sulong Matjeraie JJCA) [2010] 3 CLJ 938
Prosecution - Opening statement - Criminal Procedure Code, s. 179 - Opening statement in criminal trials before single judge sitting alone - Whether as important as in jury trials - Whether merely to satisfy court that charge against accused not frivolous - Whether full details of prosecution's evidence must be particularised in opening statement - Whether prosecution must tender copy of opening statement to be marked by court - Whether opening statement must be in writing or can be oral - Whether prosecution can adduce at trial evidence not mentioned in opening statement - Whether trial court had been misled - Whether accused tactically disadvantaged or prejudiced resulting in unfairness or failure of justice
Timhar Jimdani Ong & Anor v. PP
(Raus Sharif, Abdull Hamid Embong & Sulong Matjeraie JJCA) [2010] 3 CLJ 938
CONTRACT
Agreement - Alienation of lands to plaintiffs - Whether a valid and binding contract was created between plaintiffs and State Government - Whether undertaking for benefit of limited class or general benefit of public - Whether justiciable - Contracts Act 1950, s. 26 - Whether plaintiffs had locus standi to maintain action - Whether plaintiffs' claim disclosed no reasonable cause of action
Nasir Manaf & Ors v. Datuk Seri Panglima Joseph Pairin Kitingan & Ors
(Abdul Rahman Sebli JC) [2010] 3 CLJ 1005
CRIMINAL LAW
Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in a dangerous drug - 336.66g Methamphetamine - 'Mens rea possession' - Whether defendants had actual knowledge of drugs - Conduct of defendants upon arrest - Caution statements of both defendants, consistency - Defence that box containing drugs belonged to third party - Whether previously discussed and an afterthought - Particulars of prosecution's evidence against defendants not mentioned in arresting officer's police report or in prosecution's opening statement - Whether narration of police witnesses at trial a fabrication
Timhar Jimdani Ong & Anor v. PP
(Raus Sharif, Abdull Hamid Embong & Sulong Matjeraie JJCA) [2010] 3 CLJ 938
Penal Code - Section 376 - Rape - Appeal against conviction and sentence - Finding of prima facie case - Whether erroneously established - Whether there was corroboration of evidence - Whether essential ingredient of absence of consent to sexual intercourse proved beyond reasonable doubt - Whether appellant's conviction a miscarriage of justice
Zainal Ibrahim v. PP
(Badariah Sahamid JC) [2010] 3 CLJ 1018
EVIDENCE
Corroboration - Rape - Conviction on uncorroborated evidence - Whether evidence 'unusually convincing' - Whether evidence tendered sufficient to establish rape beyond reasonable doubt - Whether appellant's conviction a miscarriage of justice
Zainal Ibrahim v. PP
(Badariah Sahamid JC) [2010] 3 CLJ 1018
CASE OF THE WEEK
WET KET & ANOR v. PEJABAT DAERAH & TANAH TEMERLOH & ANOR
CONSTITUTIONAL LAW: Right to property - Aboriginal peoples' rights over land - Land office refused grant of water and electricity supply - Whether land an "aboriginal inhabited place" recognised by government - Whether decision of land office valid - Aboriginal Peoples Act 1954, s. 2
ADMINISTRATIVE LAW: Judicial review - Decision of land office to refuse grant of water and electricity supply - Land occupied by aborigines - Whether land an "aboriginal inhabited place" recognised by government - Whether decision of land office valid - Aboriginal Peoples Act 1954, s. 2
STATUTORY INTERPRETATION: Construction of statutes - Aboriginal Peoples Act 1954 - Section 2 - Interpretation of "aboriginal inhabited place" - Land inhabited by aboriginal community where gazette notification not required - Whether government approval still required to recognise land as "aboriginal inhabited place"
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