TAN SRI DATO' (DR) ROZALI ISMAIL & ORS v. LIM PANG CHEONG & ORS
FEDERAL COURT, PUTRAJAYA
ARIFIN ZAKARIA CJ, RAUS SHARIF PCA, AHMAD MAAROP FCJ
[CIVIL APPLICATION NO: 08-144-2011(W)]
16 DECEMBER 2011

CIVIL PROCEDURE: Contempt of court - Application to set aside leave - Statement and verifying affidavit in support of application for leave to commence committal proceedings - Whether complied with O. 52 r. 2(2) Rules of the High Court 1980 - Irregularities - Whether merely technical in nature - Whether did not cause any prejudice or injustice

CIVIL PROCEDURE: Contempt of court - Application to set aside leave - Whether statement filed by applicants for leave to commence committal proceedings vague and imprecise - Whether complaint against respondents unsustainable - Whether motion for committal to be struck out

Legal Network Series

1	[2009] 1 LNS 1460	DATO' RAJA AZWANE RAJA ARIFF & ANOR v. DATO' MAN MAT & ORS	COMPANIES AND CORPORATIONS: Oppression - Conduct amounting to oppression - 2nd petitioner voluntarily resigned creating room for majority control by 1st and 2nd respondents - Whether acts complained of in totality were oppressive to petitioners as members and shareholders - Whether prayers sought by petitioners maintainable by way of s. 181 petition
2	[2009] 1 LNS 1462	TITI LATEX SDN BHD v. WRP ASIA PACIFIC SDN BHD & ANOTHER CASE	ARBITRATION: Award - Setting aside - Defendant filing suit notwithstanding arbitration clause - While suit pending, defendant unilaterally proceeding to refer matter to arbitration - Neither party obtaining stay of proceedings - Plaintiff never participated in arbitration - 2 awards obtained by defendant - Whether defendant's reference to arbitration an abuse of process - Whether agreement to arbitrate had been terminated - Whether award ought to be set-aside
3	[2009] 1 LNS 1469	WAN AISHAH WAN ARIFFIN v. EMI (MALAYSIA) SDN BHD	CONTRACT: Breach - Damages - Contract to render performances - Failure by defendant to pay royalties and to produce plaintiff's albums - Whether breach proved - Whether plaintiff entitled to general damages for loss of earnings royalty and other payments had defendant produced 2 remaining albums CONTRACT: Termination - Validity - Refusal by plaintiff to make herself available for appearances and performances - Defendant cancelling release of album - Contract later terminated by defendant - No evidence that defendant had requested plaintiff to complete recording of albums or to make herself available for discussions, appearances and performances with or without remuneration - Whether defendant had proved plaintiff in breach of contract - Whether defendant's termination of contract unlawful
4	[2011] 1 LNS 151	VALENTINE KHO HANG CHENG v. MOK LAI SUM	CIVIL PROCEDURE: Amendment - Addition of new party - Answer to Divorce Petition - Addition of co-respondent due to alleged adultery with petitioner - No dispute as to the breakdown of marriage - Whether any purpose in naming co-respondent - Whether proposed amendment bona fide CIVIL PROCEDURE: Amendment - Answer to Divorce Petition - Addition of particulars relating to maintenance for children and respondent and specific items of matrimonial assets absent in original Answer - Delay of respondent in making application - Whether determination of maintenance and matrimonial assets central to Petition - Whether amendment sought should be allowed
5	[2011] 1 LNS 154	RAMSAY NOEL JITAM & ANOR v. KHIDMAT MANTAP SDN BHD & ORS	NATIVE LAW AND CUSTOM: Land dispute - Customary rights over land - Plaintiffs claiming native customary rights over land - Land alienated by 2nd and 3rd defendants to 1st defendant as part of provisional lease - Declaratory orders sought by plaintiffs relating to their native customary rights - Application by 1st defendant to strike out plaintiffs' claim on ground that 1st defendant's title was indefeasible - Whether 1st defendant's right subject to plaintiffs' native customary rights

CLJ Volume 2 (Part 5) 2012

COURT

FEDERAL COURT

Ooi Woon Chee & Anor v. Dato' See Teow Chuan & Ors And Other Appeals
Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, James Foong FCJJ
(Company Law - Liquidators - Application for directions - Whether directions by court under s. 237(3) of the Companies Act 1965 was judgment or order and appealable - Whether liquidators guilty of bad faith or corrupt practice) [2012] 2 CLJ 501 [FC]

COURT OF APPEAL

Dato' See Teow Chuan & Ors v. Ooi Woon Chee & Ors And Other Appeals
Abdul Malik Ishak, Jeffrey Tan, Tee Ah Sing JJCA
(Company Law - Winding-up - Liquidators - Whether liquidators acted in conflict of interest and duty) [2012] 2 CLJ 535 [CA]

Sabah Bank Bhd v. Master Perkasa (M) Sdn Bhd & Anor
Tengku Baharudin Shah, Hishamudin Mohd Yunus, Azhar Ma'ah JJCA
(Banking; Contract - Banking facility agreement - Variation of terms - Whether failure to adhere to varied terms warranted termination of facility) [2012] 2 CLJ 603 [CA]

HIGH COURT

Lim Guan Eng v. Utusan Melayu (M) Bhd
Varghese George Varughese J
(Tort - Defamation - Libel in newspaper - Whether defendant transgressed boundaries of defence of 'response to attack') [2012] 2 CLJ 619 [HC]

SUBJECT INDEX

BANKING

Banks and banking business - Banking facility agreement - Failure to service facility - Variation of terms to facilitate repayment - Whether variation letter demolished terms and conditions in earlier instruments - Whether varied terms accepted unconditionally - Whether failure to adhere to terms warranted termination of banking facility - Glamour Green Sdn Bhd v. Ambank Bhd & Ors & Another Appeal
Sabah Bank Bhd v. Master Perkasa (M) Sdn Bhd & Anor
(Tengku Baharudin Shah, Hishamudin Mohd Yunus, Azhar Ma'ah JJCA) [2012] 2 CLJ 603 [CA]

COMPANY LAW

Liquidators - Application for directions - Whether directions given by court under s. 237(3) Companies Act 1965 was judgment or order and appealable - Whether giving of directions mere administrative proceeding by way of advice - Whether bid terms and common law powers gave liquidators absolute discretion to choose best bidder for shares of company - Whether liquidators guilty of bad faith or corrupt practice - Whether liquidators put themselves in conflict of interest when selecting best bid in tender - Courts of Judicature Act 1964, s. 67(1)
Ooi Woon Chee & Anor v. Dato' See Teow Chuan & Ors And Other Appeals
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, James Foong FCJJ) [2012] 2 CLJ 501 [FC]

Winding-up - Liquidators - Liquidators partners of accounting firm - Party chosen by liquidators in open tender to buy shares of wound-up company client of accounting firm - Whether liquidators acted in conflict of interest and duty in choosing successful bidder - Whether fiduciary duties breached - Whether successful bidder's offer valid - Whether court order on liquidators' application for directions appealable - Companies Act 1965, ss. 236(3), 237(3) & (4) - Courts of Judicature Act 1964, s. 67(1)
Dato' See Teow Chuan & Ors v. Ooi Woon Chee & Ors And Other Appeals
(Abdul Malik Ishak, Jeffrey Tan, Tee Ah Sing JJCA) [2012] 2 CLJ 535 [CA]

CONTRACT

Termination - Right to terminate - Banking facility agreement - Termination of loan facility - Failure to service interest on monthly basis - Subsequent variation letter read in isolation of terms and conditions found in earlier instruments - Whether termination lawful - Glamour Green Sdn Bhd v. Ambank Bhd & Ors & Another Appeal
Sabah Bank Bhd v. Master Perkasa (M) Sdn Bhd & Anor
(Tengku Baharudin Shah, Hishamudin Mohd Yunus, Azhar Ma'ah JJCA) [2012] 2 CLJ 603 [CA]

TORT

Defamation - Libel in newspaper - Whether defamatory article reasonable and appropriate response to plaintiff's 'attack' on newspaper - Whether defendant transgressed boundaries of 'response to attack' defence - Whether tirade of unsubstantiated allegations and personal attacks on plaintiff showed malice - Rules of the High Court 1980, O. 78 r. 3(3)
Lim Guan Eng v. Utusan Melayu (M) Bhd
(Varghese George Varughese J) [2012] 2 CLJ 619 [HC]

Legal Network Series Articles

Opening of the Legal Year 2011, Brunei Darussalam

1. THE HON. CHIEF JUSTICE'S SPEECH DURING THE OPENING OF THE LEGAL YEAR 2011 ^{[Read excerpt]}
    BY: DATO SERI PADUKA HAJI KIFRAWI BIN DATO PADUKA HAJI KIFLI [2012] 1 LNS(A) xxiii

2. THE HON. ATTORNEY GENERAL'S SPEECH DURING THE OPENING OF THE LEGAL YEAR 2011 ^{[Read excerpt]}
    BY: DATIN SERI PADUKA HAJAH HAYATI BINTI POKS DSP HAJI MOHD SALLEH [2012] 1 LNS(A) xxiv

3. THE PRESIDENT OF THE LAW SOCIETY'S SPEECH DURING THE OPENING OF THE LEGAL YEAR 2011 ^{[Read excerpt]}
    BY: PENGIRAN IZAD-RYAN PLKDR PENGIRAN HAJI BAHRIN [2012] 1 LNS(A) xxv

Principal Acts

Amending Acts

PU(A)

PU(B)