Bulletin_19

CLJ Bulletin, Issue 2008, Vol 19

15 August 2008

CLJ Law MALAYSIA

http://www.cljlaw.com

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New This Week -

1. CLJ August (Part 2) 2008

COURT

COURT OF APPEAL

Boo Are Ngor v. Chua Mee Liang
(Striking out - Second suit - Appeal against dismissal of application to strike out - Whether appellant acquiesced to continuation and prosecution of second suit) [2008] 4 CLJ 533

Darahman Ibrahim & Ors v. Majlis Mesyuarat Kerajaan Negeri Perlis & Ors
(Local authority - Discretionary power - Legitimate expectation) [2008] 4 CLJ 538

Sentul Raya Sdn Bhd v. Hariram Jayaram & Ors And Other Appeals
(Housing developers - Damages for late delivery, appeal against) [2008] 4 CLJ 618

Wan Marzuki Wan Abdullah v. PP
(Dangerous Drugs Act 1952 - Section 39B(2) - Trafficking in 3224.47 grams cannabis - Appeal against conviction and sentence) [2008] 4 CLJ 631

HIGH COURT

E & E Modular System Sdn Bhd v. Utama Kekal Sdn Bhd; Pembinaan Masrafan Sdn Bhd (Garnishee)
(Garnishment order, appeal against) [2008] 4 CLJ 637

Ng Chooi Aw & Anor v. Eng Ah Jam & Anor
(Damages - Liability - Apportionment of 50% on account of contributory negligence) [2008] 4 CLJ 642

SUBJECT INDEX

ADMINISTRATIVE LAW

Exercise of administrative powers - Legitimate expectation - Appellants' participation in agricultural scheme subsequently withdrawn after earlier promised participation given to them by local authority in consideration of resettlement exercise - Whether appellants selected and accepted as participants of agricultural scheme - Whether doctrine of legitimate expectation applicable
Darahman Ibrahim & Ors v. Majlis Mesyuarat Kerajaan Negeri Perlis & Ors
(Zaleha Zahari, Raus Sharif & Abdul Malik Ishak JJCA) [2008] 4 CLJ 538

CIVIL PROCEDURE

Damages - Liability - Apportionment of 50% on account of contributory negligence - Whether conviction under s. 326 Penal Code proof of liability - Whether defence of contributory negligence applicable - Whether defence covers intentional and malicious conduct - Civil Law Act 1956, s. 12
Ng Chooi Aw & Anor v. Eng Ah Jam & Anor
(Ahmadi Asnawi JC) [2008] 4 CLJ 642 [HC]

Execution - Garnishment order, appeal against - Debt owed by garnishee to judgment debtor for work done as sub contractor of government project - Garnishee in turn to be paid by government as main contractor of project - Whether garnishee not paid by government when garnishee order was made - Whether court had discretion to refuse order in the circumstances - Rules of the High Court, O. 49 rr. 1, 5
E & E Modular System Sdn Bhd v. Utama Kekal Sdn Bhd; Pembinaan Masrafan Sdn Bhd (Garnishee)
(David Wong Dak Wah J) [2008] 4 CLJ 637 [HC]

Striking out - Second suit - Appeal against dismissal of application to strike out - Whether second suit an abuse of process since first suit struck out for non-compliance with court's directions - Whether appellant acquiesced to continuation and prosecution of second suit - Whether appellant estopped from striking out second suit
Boo Are Ngor v. Chua Mee Liang
(Gopal Sri Ram, Hasan Lah & Abu Samah Nordin JJCA) [2008] 4 CLJ 533 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(2) - Trafficking in 3224.47 grams cannabis - Appeal against conviction and sentence - Whether there was actual delivery of drugs by appellant - Whether learned judge erred in evaluation of defence story
Wan Marzuki Wan Abdullah v. PP
(Gopal Sri Ram, Ahmad Maarop & Sulaiman Daud JJCA) [2008] 4 CLJ 631 [CA]

Penal Code - Section 326 - Voluntarily causing grievous hurt by dangerous weapons or means - Whether defence of contributory negligence available - Whether defence covers intentional and malicious conduct - Civil Law Act 1956, s. 12
Ng Chooi Aw & Anor v. Eng Ah Jam & Anor
(Ahmadi Asnawi JC) [2008] 4 CLJ 642 [HC]

LAND LAW

Housing developers - Damages for late delivery, appeal against - Whether time of the essence - Whether s. 56(3) Contracts Act 1950 applicable requiring notice be given - Whether there was frustration of contract - Whether damages must be proved - Whether developer need only perform obligations within reasonable time by virtue of s. 47 Contracts Act 1950
Sentul Raya Sdn Bhd v. Hariram Jayaram & Ors And Other Appeals
(Gopal Sri Ram, Heliliah Mohd Yusof & Ahmad Maarop JJCA) [2008] 4 CLJ 618 [CA]

PUBLIC AUTHORITIES

Local authority - Discretionary power - Legitimate expectation - Appellants' participation in agricultural scheme subsequently withdrawn after earlier promised participation given to them by local authority in consideration of resettlement exercise - Whether appellants were selected and accepted as participants of agricultural scheme - Whether doctrine of legitimate expectation applicable
Darahman Ibrahim & Ors v. Majlis Mesyuarat Kerajaan Negeri Perlis & Ors
(Zaleha Zahari, Raus Sharif & Abdul Malik Ishak JJCA) [2008] 4 CLJ 538 [CA]

CASE OF THE WEEK

BOO ARE NGOR v. CHUA MEE LIANG

CIVIL PROCEDURE: Striking out - Second suit - Appeal against dismissal of application to strike out - Whether second suit an abuse of process since first suit struck out for non-compliance with court’s directions - Whether appellant acquiesced to continuation and prosecution of second suit - Whether appellant estopped from striking out second suit

UPCOMING EVENTS

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