Bulletin_17

CLJ Bulletin, Vol 2004, Issue 17
7 April 2004

Introduction:
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COURT OF APPEAL

Abdullah Rohani v. Punca Klasik Sdn Bhd
(Civil procedure - Summary judgment - Whether trial judge erred in granting summary judgment for possession of land) [2004] 1 CLJ 773

Bumiputra-Commerce Bank Bhd, Kuala Terengganu v. Chendering Development Sdn Bhd & Ors
(Overdraft facilities - Bridging finance - Bank recalled facilities for non-payment of interest - Whether recall unlawful and improper) [2004] 1 CLJ 781

Ibrahim Ismail & Anor v. Hasnah Puteh Imat & Anor And Another Appeal
(Damages - Multiplier - Whether multiplier not to be reduced below 16 as prescribed by ss. 7 and 28A CLA 1956) [2004] 1 CLJ 797

Matchplan (Malaysia) Sdn & Anor v. William D Sinrich & Anor
(Service - Out of jurisdiction - Appeal against setting aside) [2004] 1 CLJ 810

Matsumoto & Co Sdn Bhd v. Pihak Berkuasa Kemajuan Pekebun Kecil Perusahaan Getah (RISDA)
(Agreement for supply and delivery of goods - Whether only a standing offer by vendor to supply goods - Variation order) [2004] 1 CLJ 835

Zakaria Daud v. Siti Hussin & Ors
(Rectification - Common mistake - Rectification of land title) [2004] 1 CLJ 844

SUBJECT INDEX

BANKING

Banks and banking business - Overdraft facilities - Facilities granted to housing developer for bridging finance of housing project - Bank recalled facilities for non-payment of interest - Whether recall for non-payment of interest unlawful and improper - Whether interest to be capitalized during bridging period - Whether bank in breach of contract - Whether bank to pay damages - Whether damages remote
Bumiputra-Commerce Bank Bhd, Kuala Terengganu v. Chendering Development Sdn Bhd & Ors
(Mokhtar Sidin, Pajan Singh Gill & Rahmah Hussain JJCA) [2004] 1 CLJ 781

CIVIL LAW ACT

Damages - Running-down action - Multiplier - Appeal against High Court’s decision to reduce multiplier - Whether multiplier not to be reduced below 16 as prescribed by ss. 7 and 28A CLA 1956 - Whether majority decision in Chan Chin Ming v. Lim Yoke Eng not to be followed
Ibrahim Ismail & Anor v. Hasnah Puteh Imat & Anor And Another Appeal
(Gopal Sri Ram, Tengku Baharuddin Shah JJCA & Zaleha Zahari J) [2004] 1 CLJ 797

CIVIL PROCEDURE

Service - Out of jurisdiction - Appeal against setting aside - Plaintiffs suing foreign defendants for libel - Action set aside on lack of jurisdiction - Defendants averred that there was no publication to third parties in Malaysia - Whether plaintiffs’ allegation that there was such publication must be assumed to be true - Whether defendants to dispute it only in trial proper - Whether also statement of claim could be amended to include a wider publication - Rules of the High Court 1980, O. 11 r. 1, O. 12 r. 7 - Courts of Judicature Act 1964, s. 23(1)(c)
Matchplan (Malaysia) Sdn & Anor v. William D Sinrich & Anor
(Gopal Sri Ram, Abdul Aziz Mohamad JJCA & Azmel Maamor J) [2004] 1 CLJ 810

Summary judgment - Appeal against - ‘Arguable’ or ‘bona fide triable’ issues, whether any - Whether defendant showed there was ‘an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial’ - Whether trial judge erred in granting summary judgment for possession of land to plaintiff - Whether summary judgment should be set aside and full trial ordered - Rules of the High Court 1980, O. 14
Abdullah Rohani v. Punca Klasik Sdn Bhd
(Abdul Hamid Mohamad, Mohd Noor Ahmad & Alauddin Mohd Sheriff JJCA) [2004] 1 CLJ 773

CONTRACT

Agreement for supply and delivery of goods - Formation of contract - Agreement by buyer to purchase certain amount of goods from vendor - Whether only a standing offer by vendor to supply goods - Whether buyer must purchase exact amount of goods as stated in agreement - Whether buyer can refuse to make any purchase - Whether buyer can issue variation order to decrease amount to be purchased - Whether variation order amounted to breach of contract - When does contract become complete and binding
Matsumoto & Co Sdn Bhd v. Pihak Berkuasa Kemajuan Pekebun Kecil Perusahaan Getah (RISDA)
(Alauddin Mohd Sheriff, Nik Hashim JJCA & Abdul Wahab Patail J) [2004] 1 CLJ 835

Loan - Overdraft facilities - Facilities granted to housing developer for bridging finance of housing project - Bank recalled facilities for non-payment of interest - Whether recall for non-payment of interest unlawful and improper - Whether interest to be capitalized during bridging period - Whether bank in breach of contract - Whether bank to pay damages - Whether damages remote
Bumiputra-Commerce Bank Bhd, Kuala Terengganu v. Chendering Development Sdn Bhd & Ors
(Mokhtar Sidin, Pajan Singh Gill & Rahmah Hussain JJCA) [2004] 1 CLJ 781

Mistake - Common mistake - Burden and standard of proof - Allegation by plaintiff that wrong plot of land was transferred to him - Rectification of land title sought - Whether plaintiff bears burden of proving common mistake
Zakaria Daud v. Siti Hussin & Ors
(Gopal Sri Ram, Mokhtar Sidin, Arifin Zakaria JJCA) [2004] 1 CLJ 844

DAMAGES

Quantum - Damages for bereavement - Appeal against High Court’s failure to reduce damages despite a finding of contributory negligence - Whether High Court erred in failing to do so
Ibrahim Ismail & Anor v. Hasnah Puteh Imat & Anor And Another Appeal
(Gopal Sri Ram, Tengku Baharuddin Shah JJCA & Zaleha Zahari J) [2004] 1 CLJ 797

Quantum - Multiplier - Appeal against High Court’s decision to reduce multiplier - Whether multiplier not to be reduced below 16 as prescribed by ss. 7 and 28A Civil Law Act 1956 - Whether majority decision in Chan Chin Ming v. Lim Yoke Eng not to be followed
Ibrahim Ismail & Anor v. Hasnah Puteh Imat & Anor And Another Appeal
(Gopal Sri Ram, Tengku Baharuddin Shah JJCA & Zaleha Zahari J) [2004] 1 CLJ 797

LAND LAW

Transfer - Rectification - Common mistake - Burden and standard of proof - Allegation by plaintiff that wrong plot of land was transferred to him - Rectification of land title sought - Whether plaintiff bears burden of proving common mistake
Zakaria Daud v. Siti Hussin & Ors
(Gopal Sri Ram, Mokhtar Sidin, Arifin Zakaria JJCA) [2004] 1 CLJ 844

SALE OF GOODS

Construction of contract - Agreement for supply and delivery of goods - Agreement by buyer to purchase certain amount of goods from vendor - Whether only a standing offer by vendor to supply goods - Whether buyer must purchase exact amount of goods as stated in agreement - Whether buyer can refuse to make any purchase - Whether buyer can issue variation order to decrease amount to be purchased - Whether variation order amounted to breach of contract
Matsumoto & Co Sdn Bhd v. Pihak Berkuasa Kemajuan Pekebun Kecil Perusahaan Getah (RISDA)
(Alauddin Mohd Sheriff, Nik Hashim JJCA & Abdul Wahab Patail J) [2004] 1 CLJ 835

Quantity of goods - Agreement for supply and delivery of goods - Agreement by buyer to purchase certain amount of goods from vendor - Whether only a standing offer by vendor to supply goods - Whether buyer must purchase exact amount of goods as stated in agreement - Whether buyer can issue variation order to decrease amount to be purchased - Whether variation order amounted to breach of contract
Matsumoto & Co Sdn Bhd v. Pihak Berkuasa Kemajuan Pekebun Kecil Perusahaan Getah (RISDA)
(Alauddin Mohd Sheriff, Nik Hashim JJCA & Abdul Wahab Patail J) [2004] 1 CLJ 835

TORT

Defamation - Plaintiffs suing foreign defendants for libel - Appeal against setting aside of action based on lack of jurisdiction - Defendants averred that there was no publication to third parties in Malaysia - Whether plaintiffs’ allegation that there was such publication must be assumed to be true - Whether defendants to dispute it only in trial proper - Whether also statement of claim could be amended to include a wider publication - Rules of the High Court 1980, O. 11 r. 1, O. 12 r. 7 - Courts of Judicature Act 1964, s. 23(1)(c)
Matchplan (Malaysia) Sdn & Anor v. William D Sinrich & Anor
(Gopal Sri Ram, Abdul Aziz Mohamad JJCA & Azmel Maamor J) [2004] 1 CLJ 810

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