THE ROYAL SELANGOR GOLF CLUB v. PENTADBIR TANAH WILAYAH PERSEKUTUAN KUALA LUMPUR
COURT OF APPEAL, PUTRAJAYA
SURIYADI HALIM OMAR JCA, JEFFREY TAN JCA, ABDUL WAHAB PATAIL JCA
[CIVIL APPEAL NO: W-01(IM)-339-2010]
17 JANUARY 2012

CIVIL PROCEDURE: Appeal - Abuse of process - Notice of Appeal filed to Court of Appeal prior to filing of application to High Court to clarify and make consequential amendments to order - Whether duplicity of appeal process - No evidence of appeal being withdrawn -Whether filing of application must thus fail

CIVIL PROCEDURE: Jurisdiction - Inherent jurisdiction of court - Compensation payable in land reference matters - Whether Judicial Commissioner sitting alone has jurisdiction to decide - Whether matter should be dealt with by Land Reference Court - Land Acquisition Act 1960, ss. 40(D)(3), 49

LAND LAW: Acquisition - Compensation - Compensation payable in land reference matters - Jurisdiction - Whether Judicial Commissioner sitting alone has jurisdiction to decide - Whether matter should be dealt with by Land Reference Court - Land Acquisition Act 1960, ss. 40(D)(3), 49

Legal Network Series

[2005] 1 LNS 252	POH SIEW CHENG v. AMERICAN INTERNATIONAL ASSURANCE CO LTD	INSURANCE: Accident insurance - Duty to disclose material facts concerning health of assured - Plaintiff disclosed diabetic condition to agent who failed to record details in proposal form - Whether there were material non-disclosures by plaintiff - Whether fact plaintiff had diabetes deemed to be within defendant's knowledge - Whether diabetic condition required to be disclosed for personal accident insurance policy INSURANCE: Accident insurance - Cause of injury - Plaintiff suffered permanent total loss of the lens of left eye - Whether plaintiff's fall was the direct and independent cause of removal of the lens - Whether fall was independent of plaintiff's diabetes EVIDENCE: Hearsay - Admissibility - Whether plaintiff's evidence relating to what had transpired between plaintiff and agent was hearsay as agent was not called by plaintiff to testify - Plaintiff and his daughter testified as to what they heard agent say - Whether direct evidence and admissible
[2007] 1 LNS 415	DUTA ARIF SDN BHD & ORS v. CHARTERFIELD DEVELOPMENT CORPORATION SDN BHD & ORS	CIVIL PROCEDURE: Striking out - Statement of claim - Appeal against striking out of claim - Whether 3rd defendant's liability arose pursuant to Labour Ordinance of Sarawak - Whether this issue justified plaintiff being allowed to sustain its action - Whether plaintiff's claim ought to be struck out
[2008] 1 LNS 314	MOHD SHUAIB ISHAK v. CELCOM (MALAYSIA) BERHAD	COMPANIES AND CORPORATIONS: Derivative action - Suit against directors - Leave to bring an action on behalf of defendant Company - Whether plaintiff a "complainant" within meaning of Companies Act 1965, s. 181A and had locus standi to bring this action - Whether leave to be granted - Whether plaintiff acting in good faith - Whether prima facie in the best interest of the company that the action be brought - Whether plaintiff had a good and arguable case against proposed defendants COMPANIES AND CORPORATIONS: Directors - Duties- Breach of director's duties - Whether directors participated in conspiracy to enable Telekom to complete the Mandatory General Offer at RM2.75 per share instead of RM7.00 - Whether directors of defendant breached their duties to defendant and its shareholders
[2009] 1 LNS 1497	UTHAYAKUMAR PONNUSAMY v. MENTERI DALAM NEGERI, MALAYSIA & ORS	CRIMINAL PROCEDURE: Habeas corpus - Application for habeas corpus - Whether any denial of proper medication for applicant's foot injuries - Previous applications filed also hinged on ground of refusal of medical treatment - Whether res judicata applicable - Whether habeas corpus available to applicant
[2011] 1 LNS 355	SIME ENGINEERING SDN BHD v. AHMAD ZAKI RESOURCES BERHAD	ARBITRATION: Agreement - Reference of dispute - Joint Venture Agreement containing arbitration agreement as well as an agreement to refer matter to court - Whether arbitration agreement inoperative in law by virtue of governing law clause in agreement - Whether there would be a multiplicity of proceedings if an order in terms was granted ARBITRATION: Agreement - Reference of dispute - "May" - Whether Court obliged to refer matter to arbitration - Whether court retained a residual power whether or not to have matter referred to arbitration

CLJ 2012 Volume 3 (Part 2)

COURT

HIGH COURT

Datuk Bandar Kuala Lumpur v. PPKA Sdn Bhd
Lee Swee Seng JC
(Contract - Estoppel - Estoppel by conduct - Extension of concession to operate car park - Terms of agreement) [2012] 3 CLJ 181 [HC]

George Pathmanathan v. Portcullis International Ltd & Ors
Hasnah Mohammed Hashim JC
(Company Law - Oppression - Oppression of minority - Whether majority shareholders behaved oppressively and in disregard of petitioner's rights and interests) [2012] 3 CLJ 200 [HC]

Pang Kwee Yin v. Teh Sew Wan
Yeoh Wee Siam J
(Civil Procedure; Family Law - Marriage - Issue of validity of - Whether involving questions of fact - Whether could be summarily dealt with under O. 14A RHC) [2012] 3 CLJ 235 [HC]

Tan Sri Abdul Khalid Ibrahim v. Bank Islam Malaysia Bhd
Mohd Zawawi Salleh J
(Banking - Banks and banking business - Islamic banking - Bai Bithaman Ajil Facility - Whether facility and transactions contravened Islam and Syariah Principles) [2012] 3 CLJ 249 [HC]

Uptown Properties Sdn Bhd v. Pentadbir Tanah Wilayah Persekutuan & Ors
Prasad Sandosham Abraham J
(Land Law - Indefeasibility of title - Computerised title mistakenly issued - Title issued to a non-entity - Subsequent transfer thereof - Whether vitiated and flawed - Whether necessary to prove bona fide purchaser for value) [2012] 3 CLJ 271 [HC]

SUBJECT INDEX

BANKING

Banks and banking business - Islamic banking - Bai Bithaman Ajil Facility - Facility and transactions thereunder alleged to have contravened Islam and Syariah Principles - Whether Court required to refer Syariah issues to Syariah Advisory Council (SAC) Bank Negara Malaysia for ruling - Whether ss. 56 & 57 of Central Bank of Malaysia Act 2009 had retrospective effect - Whether they negated defendant's substantive right to lead expert evidence on Syariah issues
Tan Sri Abdul Khalid Ibrahim v. Bank Islam Malaysia Bhd
(Mohd Zawawi Salleh J) [2012] 3 CLJ 249 [HC]

CIVIL PROCEDURE

Summary judgment - Questions of fact - Whether arose - Whether case regarding validity of marriage involved questions of fact - Whether suitable for recourse to O. 14A - Rules of the High Court 1980 O. 14A
Pang Kwee Yin v. Teh Sew Wan
(Yeoh Wee Siam J) [2012] 3 CLJ 235 [HC]

COMPANY LAW

Oppression - Oppression of minority - Minority shareholder/director ('petitioner') in management control of company and subsidiaries - Petitioner unilaterally and arbitrarily removed from management of company after fall-out with majority shareholder/director - Whether majority shareholders behaved oppressively and in disregard of petitioner's rights and interests - Companies Act 1965, s. 181(1)(a)
George Pathmanathan v. Portcullis International Ltd & Ors
(Hasnah Mohammed Hashim JC) [2012] 3 CLJ 200 [HC]

CONTRACT

Agreement - Terms of the agreement - Extension of concession to operate carpark - Profit sharing ratio and revenue paid to plaintiff - Whether defendant estopped from claiming plaintiff had no authority to extend concession - Whether defendant estopped from denying profit sharing agreement and claiming payments made thereunder a mistake - Whether parties agreed to be bound by letter of extension as constituting extension terms of agreement
Datuk Bandar Kuala Lumpur v. PPKA Sdn Bhd
(Lee Swee Seng JC) [2012] 3 CLJ 181 [HC]

Estoppel - Estoppel by conduct - Extension of concession to operate car park - Profit sharing ratio and revenue paid to plaintiff - Whether defendant estopped from claiming plaintiff had no authority to extend concession - Whether defendant estopped from denying profit sharing agreement and claiming payments made thereunder a mistake
Datuk Bandar Kuala Lumpur v. PPKA Sdn Bhd
(Lee Swee Seng JC) [2012] 3 CLJ 181 [HC]

FAMILY LAW

Marriage - Customary marriage - Marriage not registered - Whether valid - Law Reform (Marriage and Divorce) Act 1976, ss. 4 & 34
Pang Kwee Yin v. Teh Sew Wan
(Yeoh Wee Siam J) [2012] 3 CLJ 235 [HC]

Marriage - Registration of - Marriage registered under the Civil Marriage Ordinance 1952 - Whether deemed valid under the Law Reform (Marriage and Divorce) Act 1976, s. 4
Pang Kwee Yin v. Teh Sew Wan
(Yeoh Wee Siam J) [2012] 3 CLJ 235 [HC]

LAND LAW

Indefeasibility of title and interests - Computerised title mistakenly issued - Whether title obtained though insufficient instrument - National Land Code, s. 340(2)(c)
Uptown Properties Sdn Bhd v. Pentadbir Tanah Wilayah Persekutuan & Ors
(Prasad Sandosham Abraham J) [2012] 3 CLJ 271 [HC]

Indefeasibility of title and interests - Title mistakenly obtained through Land Administrator - Insufficient and void instrument - Whether act of Land Administrator ultra vires - Whether necessary to prove bona fide purchaser for value - National Land Code, ss. 5A, 340(2)(c) - Federal Constitution, art. 13
Uptown Properties Sdn Bhd v. Pentadbir Tanah Wilayah Persekutuan & Ors
(Prasad Sandosham Abraham J) [2012] 3 CLJ 271 [HC]

Officers - Computerised title mistakenly issued - Whether act negligent or done in good faith - Whether statutory protection may be claimed - National Land Code, s. 22
Uptown Properties Sdn Bhd v. Pentadbir Tanah Wilayah Persekutuan & Ors
(Prasad Sandosham Abraham J) [2012] 3 CLJ 271 [HC]

Officers - Issuance of computerised title by Land Administrator - Whether done in accordance with the law - National Land Code s. 5A, 14th Schedule
Uptown Properties Sdn Bhd v. Pentadbir Tanah Wilayah Persekutuan & Ors
(Prasad Sandosham Abraham J) [2012] 3 CLJ 271 [HC]

Legal Network Series Articles

1. HOW TO USE CLJLAW.COM AS YOUR ENGLISH - MALAY DICTIONARY ^{[Read excerpt]}
    BY: FOONG CHENG LEONG [2012] 1 LNS(A) xxxi

2. PERLINDUNGAN UNDANG-UNDANG TERHADAP JANIN SEMASA DALAM KANDUNGAN ^{[Read excerpt]}
    BY: TENGKU NOOR AZIRA BT TENGKU ZAINUDIN [2012] 1 LNS(A) xxxii

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