Legal Network Series

[2011] 1 LNS 652	TEAMFORCE BUILDERS SDN BHD v. PRINSIPTEK (M) SDN BHD	ARBITRATION: Stay of the proceedings - Application - Refusal to release retention sum - Whether defendant intentionally delaying paying plaintiff the retention sum - Whether there was nothing to arbitrate as there was no plausible dispute - Whether defendant was ready and willing to go to arbitration - Whether plaintiff should be granted leave to sign final judgment
[2011] 1 LNS 653	EON BANK BERHAD v. LIOW SIEW LENG	CIVIL PROCEDURE: Summary judgment - Application for - Share Margin Financing - Plea of non est factum and that facility was utilised by Mr. Hwang, Managing Director of Kenmark absolving defendant of liability - Whether defendant knowingly opened the account for Mr. Hwang and allowed him to operate the account - Whether plaintiff negligent in disposal of charged shares - Whether negligence proved - Whether claims in negligence were excluded by the terms of facility - Whether any triable issues raised
[2011] 1 LNS 716	PRAI POWER SDN BHD v. GE ENERGY PARTS, INC & ORS	CIVIL PROCEDURE: Interim preservation of property - Application to inspect and conduct tests on equipment forming subject matter of plaintiff's claim - Whether inspection and conduct of tests necessary to enable experts to provide reports which would assist plaintiff and Court in determining merits of claim - Plaintiff required to provide an indemnity - Whether condition imposed by defendants unreasonable and imposed in bad faith - Whether condition imposed was to preserve ownership rights of defendants over the equipment
[2011] 1 LNS 718	SHANKAR RP ASNANI v. VESTIME CORPORATION SDN BHD & ANOR	LEGAL PROFESSION: Retainer - Entitlement - Claim by a lawyer for his fees - Written retainers signed and executed by 1st and 2nd defendants - Whether RM100,000.00 was total fees payable to plaintiff - Whether RM100,000.00 only a non-refundable deposit paid towards full fees payable to plaintiff - Whether 2nd defendant signed retainers under pressure - Whether plaintiff misrepresented to 2nd defendant that signing of the written retainer was a mere formality - Whether plaintiff breached his retainer and was negligent - Whether issues raised by defendants had sufficient prima facie plausibility to give rise to bona fide issues which called for further investigation - Whether defendants bound by what they had signed - Quantum of fees claimed not agreed to - Whether plaintiff entitled to have his bill of costs taxed by the court
[2011] 1 LNS 1154	RE: TING BING CHEONG; EX-PARTE: RHB BANK BERHAD & ANOTHER APPEAL	BANKRUPTCY: Notice - Setting aside - Appeal against dismissal of application - Whether there was miscalculation of interest on judgment sum - Interest claimed in bankruptcy notice less than what it actually was - Whether a "formal defect" which was curable under s. 131 of the Bankruptcy Act 1967 - Whether claim for interest barred by Item 44 of Sarawak Limitation Ordinance - Whether Ordinance applies to bankruptcy proceedings - Case number not stated in bankruptcy notice - Whether an impediment to judgment debtor filing an affidavit to challenge bankruptcy notice

CLJ 2013 Volume 3 (Part 5)

COURT

COURT OF APPEAL

Ee Chong Pang & Ors v. The Land Administrator Of The District Of Alor Gajah & Anor
Abu Samah Nordin, Hishamudin Mohd Yunus, Aziah Ali JJCA
(Land Law - Acquisition of land - Acquisition by State Authority) [2013] 3 CLJ 649 [CA]

Malaysia Land Properties Sdn Bhd v. Tan Peng Foo
Raus Sharif PCA, Alizatul Khair Osman JCA, Mah Weng Kwai J
(Contract - Contractual terms - Sale and purchase agreement ('S&P') - Delivery of vacant possession) [2013] 3 CLJ 663 [CA]

Suheri Ibrahim v. PP
Ahmad Maarop, Clement Skinner, Azahar Mohamed JJCA
(Criminal Law - Dangerous Drugs Act 1952 - Section 39B - Conviction and sentence) [2013] 3 CLJ 676 [CA]

HIGH COURT

Charanjit Singh Santokh Singh v. Majlis Peguam Malaysia & Anor
Harmindar Singh Dhaliwal, Zainal Adzam JJ, Choong Siew Khim JC
(Legal Profession - Professional discipline - Restoration to Roll of Advocates and Solicitors) [2013] 3 CLJ 688 [HC]

Kesatuan Kebangsaan Pekerja-Pekerja Bank & Ors v. The New Straits Times Press (Malaysia) Bhd & Ors And Another Case
Lau Bee Lan J
(Tort - Defamation - Libel - Articles published in newspaper) [2013] 3 CLJ 700 [HC]

Mas Anita Abdullah v. Lew Wai Koung
Yeoh Wee Siam J
(Civil Procedure - Security for costs - Application for) [2013] 3 CLJ 737 [HC]

Metrobus Nationwide Sdn Bhd v. Lembaga Pelesenan Kenderaan Perdagangan Semenanjung Malaysia & Anor
Alizatul Khair Osman J
(Administrative Law - Remedies - Mandamus - Conditions under s. 44(1) Specific Relief Act 1950) [2013] 3 CLJ 743 [HC]

Nehemiah Reinforced Sdn Bhd v. Patrick Cyril Augustine & Anor
Mariana Yahya J
(Contract; Patents - Infringement - Validity) [2013] 3 CLJ 774 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Remedies - Mandamus - Conditions under s. 44(1) Specific Relief Act 1950 - Whether satisfied to qualify for grant of order ofmandamus - Whether Licensing Board had statutory duty to enforce common fare rates on all stage buses - Whether Board acted ultra vires in allowing RapidKL to charge lower fare rates than statutorily prescribed - Whether there were losses suffered as direct result of RapidKL's lower fares - Ingredients to establish case for unfair discrimination - Whether proved
Metrobus Nationwide Sdn Bhd v. Lembaga Pelesenan Kenderaan Perdagangan Semenanjung Malaysia & Anor
(Alizatul Khair Osman J) [2013] 3 CLJ 743 [HC]

CIVIL PROCEDURE

Security for costs - Application for - Failure to disclose residential address - Plaintiff frequently out of country - Whether plaintiff required to furnish security for costs - Whether plaintiff able to pay costs if claim dismissed and costs ordered against plaintiff - Whether order justified - Rules of Court 2012, O. 23 r. 1
Mas Anita Abdullah v. Lew Wai Koung
(Yeoh Wee Siam J) [2013] 3 CLJ 737 [HC]

CONTRACT

Agreement - Business operations - Patent on process of stablising walls using multiple anchors - Payment of fee per square metre of wall area built where system in patent used - Whether patent valid - Whether involved novelty and inventive steps - Whether patent null and void - Whether agreement became frustrated
Nehemiah Reinforced Sdn Bhd v. Patrick Cyril Augustine & Anor
(Mariana Yahya J) [2013] 3 CLJ 774 [HC]

Contractual terms - Sale and purchase agreement ('S&P') - Delivery of vacant possession - Delay of - Claim for damages - Issuance of architect's certificate granting extension of time - Reasons for extension of time stated in certificate - Validity of - Whether challenged - Whether appellant entitled to rely on certificate - Whether certificate was final, conclusive and binding on respondent - Whether court can intervene with terms and conditions in S&P - Whether respondent willingly accepted terms in S&P
Malaysia Land Properties Sdn Bhd v. Tan Peng Foo
(Raus Sharif PCA, Alizatul Khair Osman JCA, Mah Weng Kwai J) [2013] 3 CLJ 663 [CA]

Sale and purchase of property - Sale and purchase agreement ('S&P') - Delivery of vacant possession - Delay of - Claim for damages - Issuance of architect's certificate granting extension of time - Reason for extension of time stated in certificate - Validity of - Whether challenged - Whether appellant entitled to rely on certificate - Whether certificate was final, conclusive and binding on respondent - Whether court can intervene with terms and conditions in S&P - Whether respondent willingly accepted terms in S&P
Malaysia Land Properties Sdn Bhd v. Tan Peng Foo
(Raus Sharif PCA, Alizatul Khair Osman JCA, Mah Weng Kwai J) [2013] 3 CLJ 663 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B - Trafficking in 879 grams of cannabis - Conviction and sentence - Appeal against - Drugs found concealed in front part of appellant's trousers - Whether appellant in "possession" of drugs - Whether appellant merely an innocent carrier - Whether judge carried out maximum evaluation of evidence - Whether conviction of appellant safe
Suheri Ibrahim v. PP
(Ahmad Maarop, Clement Skinner, Azahar Mohamed JJCA) [2013] 3 CLJ 676 [CA]

LAND LAW

Acquisition of land - Acquisition by State Authority - Failure to publish Form A pursuant to s. 4(1) Land Acquisition Act 1960 - Whether issuance of Form A mandatory requirement - Whether acquisition contrary to art. 13(1) Federal Constitution
Ee Chong Pang & Ors v. The Land Administrator Of The District Of Alor Gajah & Anor
(Abu Samah Nordin, Hishamudin Mohd Yunus, Aziah Ali JJCA) [2013] 3 CLJ 649 [CA]

LEGAL PROFESSION

Professional discipline - Restoration to Roll of Advocates and Solicitors - Dishonouring client's cheque - Applicant's name struck off Roll for 13 years - Seriousness of offence committed - Whether there was strong basis for restoration - Conduct of applicant - Whether applicant fit and proper person to resume practice - Legal Profession Act 1976, s. 107
Charanjit Singh Santokh Singh v. Majlis Peguam Malaysia & Anor
(Harmindar Singh Dhaliwal, Zainal Adzam JJ, Choong Siew Khim JC) [2013] 3 CLJ 688 [HC]

Roll of Advocates and Solicitors - Restoration to Roll - Dishonouring client's cheque - Applicant's name struck off Roll for 13 years - Seriousness of offence committed - Whether there was strong basis for restoration - Conduct of applicant - Whether applicant fit and proper person to resume practice - Legal Profession Act 1976, s. 107
Charanjit Singh Santokh Singh v. Majlis Peguam Malaysia & Anor
(Harmindar Singh Dhaliwal, Zainal Adzam JJ, Choong Siew Khim JC) [2013] 3 CLJ 688 [HC]

PATENTS

Infringement - Validity - Patent on process of stabilising walls using multiple anchors - Patent sought to monopolise length of tie members within certain range - Whether patent involved novelty and inventive steps - Whether patent infringed
Nehemiah Reinforced Sdn Bhd v. Patrick Cyril Augustine & Anor
(Mariana Yahya J) [2013] 3 CLJ 774 [HC]

TORT

Defamation - Libel - Articles published in newspaper - Whether words and statements contained in articles defamatory - Whether articles referred to plaintiffs - Defence of justification - Whether defendants failed to adduce evidence to prove truth of allegations - Whether defendants could avail themselves of defence of qualified privilege under s. 12 Defamation Act 1957 - Whether defendants liable to plaintiffs for libel - Damages - Assessment of
Kesatuan Kebangsaan Pekerja-Pekerja Bank & Ors v. The New Straits Times Press (Malaysia) Bhd & Ors And Another Case
(Lau Bee Lan J) [2013] 3 CLJ 700 [HC]