CLJ Bulletin, Issue 2010, Vol 21
27 May 2010
CLJ Law MALAYSIA
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| New This Week | 1. Legislation Highlights |
| 2. Articles | |
| a) Legal Network Series Articles | |
| 3. CLJ Volume 4 (Part 8) 2010 |
PU (A)
NUMBER TITLE DATE COMING INTO FORCE PRINCIPAL ACT NO PU(A) 159/2010 Road Transport (Prohibition Of Use Of Road) (Shah Alam Expressway) Order 2010 19 May 2010 ACT 333 PU(A) 160/2010 Electronic Government Activities (Prescription Of Electronic Signature) Order 2010 20 May 2010 ACT 680 PU(A) 161/2010 Water Services Industry (Licensing) (Exemption) (No 2) Order 2010 20 May 2010 ACT 655 PU(A) 162/2010 Customs (Values) (Crude Petroleum Oil) (No 10) Order 2010 20 May 2010 ACT 235 PU(A) 163/2010 Federal Roads (Private Management) (Collection Of Tolls) (Kemuning-Shah Alam Highway) Order 2010 20 May 2010 ACT 306 PU (B)
NUMBER TITLE DATE COMING INTO FORCE PRINCIPAL ACT NO PU(B) 243/2010 Constituency Of P. 212 Sibu, Sarawak 12 May 2010 - PU(B) 244/2010 Appointment Of Board Officers 13 May 2010 ACT 334 PU(B) 245/2010 Designation Of Police Districts (Federal Territory Of Kuala Lumpur) 13 May 2010 ACT 344 PU(B) 246/2010 Special Direction Of The Minister 13 May 2010 ACT 621 PU(B) 247/2010 Special Direction Of The Minister 13 May 2010 ACT 621
a) Legal Network Series Articles
1. A Brief Account Of Competition Regulation In Malaysia In View Of The Recently Enacted Competition Act 2010 [Read
excerpt]
By Safinaz Mohd Hussein*
2. Employment Law Matters: Duty Of Trust And Confidence In Employment - Still More Commentary - Still No Law* [Read
excerpt]
By John Wilson, Williams Love & Nicol**
3. Employment Law Matters - When Is Workplace Bullying Unlawful?* [Read
excerpt]
By John Wilson, Williams Love & Nicol**
COURT
COURT OF APPEAL
S & S Power Switchgear Ltd v. Toprank Corporation Sdn Bhd
(Summary judgment - Parties acknowledged sum due and payable in account stated - Whether learned judge erred in dismissing application for summary judgment) [2010] 4 CLJ 885
Soh Jiun Jen v. Advance Colour Laboratory Sdn Bhd & Ors
(Company law - Petition under Companies Act 1965, s. 181) [2010] 4 CLJ 897
Tan Kau Tiah v. Tetuan Teh Kim Teh, Salina & Co & Anor
(Interpleader summons - Stakeholder's interpleader) [2010] 4 CLJ 914
Teuku Nawardin Shamsuar v. PP
(Dangerous Drugs Act 1952 - Section 39B(1)(a)) [2010] 4 CLJ 951
HIGH COURT
Alliance Bank Malaysia Bhd v. Sail Yalang
(Guarantee - Whether appellant proved respondent executed second guarantee) [2010] 4 CLJ 963
Barclays Bank Plc v. Malaysian Sea Best Sdn Bhd & Anor
(Summary judgment - Claim on promissory note) [2010] 4 CLJ 976
PP v. Mohd Hatta Md Ramli & Ors
(Revision - Discharge not amounting to acquittal - Discharge ordered on the ground that charge did not indicate five persons or more for the offence of unlawful assembly) [2010] 4 CLJ 985
SUBJECT INDEX
CIVIL PROCEDURE
Interpleader summons - Preconditions to grant of relief - Whether applicant had real expectation of being sued - Rules of the High Court 1980, O. 17 r. 1
Tan Kau Tiah v. Tetuan Teh Kim Teh, Salina & Co & Anor
(Low Hop Bing, Zainun Ali & Abdul Malik Ishak JJCA) [2010] 4 CLJ 914
[CA]
Interpleader summons - Stakeholder's interpleader - Land titles deposited with solicitors acting as stakeholder for registered proprietor and developer - Solicitors agreed in writing to return land titles to registered proprietor upon "receipt of a valid and binding order from either the Arbitrator or the High Court, as the case may be, in that respect" - Solicitors refused to abide by undertaking when arbitration award was given in view of developer's pending proceedings to challenge arbitration award - Whether solicitors to abide by undertaking given - Rules of the High Court 1980, O. 17 r. 1
Tan Kau Tiah v. Tetuan Teh Kim Teh, Salina & Co & Anor
(Low Hop Bing, Zainun Ali & Abdul Malik Ishak JJCA) [2010] 4 CLJ 914
[CA]
Summary judgment - Claim for moneys for goods sold and delivered - Parties acknowledged sum due and payable in account stated - Whether learned judge erred in dismissing application for summary judgment
S & S Power Switchgear Ltd v. Toprank Corporation Sdn Bhd
(James Foong, Zainun Ali & Sulong Matjeraie JJCA) [2010] 4 CLJ 885
[CA]
Summary judgment - Claim on promissory note - Allegations of falsification and forgery of documents - Whether triable issues raised - Rules of the High Court 1980, O. 14 - Bills of Exchange Act 1949, s. 29(1)(b)
Barclays Bank Plc v. Malaysian Sea Best Sdn Bhd & Anor
(Azahar Mohamed J) [2010] 4 CLJ 976
[HC]
COMPANY LAW
Members' rights - Petition under Companies Act 1965, s. 181 - Proposed resolution to remove appellant as director and to withdraw company car and Shell card - Whether appellant's complaint was in relation as a member/shareholder - Whether oppressive or unfairly prejudicial to the appellant - Whether court should interfere in internal management of company's affairs
Soh Jiun Jen v. Advance Colour Laboratory Sdn Bhd & Ors
(Low Hop Bing, Abu Samah Nordin & Ramly Ali JJCA) [2010] 4 CLJ 897
[CA]
Members' rights - Petition under Companies Act 1965, s. 181 - Proposed resolution to set off fees due to directors - Whether such exercise singled out appellant alone and prejudiced his right as shareholder - Whether proposal was compulsory to be taken up - Whether oppressive or unfairly prejudicial to appellant
Soh Jiun Jen v. Advance Colour Laboratory Sdn Bhd & Ors
(Low Hop Bing, Abu Samah Nordin & Ramly Ali JJCA) [2010] 4 CLJ 897
[CA]
CONTRACT
Account stated - Evidence of debt - Clear case that sum claimed due and payable - Whether learned judge erred in dismissing application for summary judgment
S & S Power Switchgear Ltd v. Toprank Corporation Sdn Bhd
(James Foong, Zainun Ali & Sulong Matjeraie JJCA) [2010] 4 CLJ 885
[CA]
Guarantee - Forgery - Whether appellant proved respondent executed second guarantee - Purported witness of execution of second guarantee not called as a witness - Only evidence of witness' signature on second guarantee led
Alliance Bank Malaysia Bhd v. Sail Yalang
(Abdul Rahman Sebli JC) [2010] 4 CLJ 963
[HC]
CRIMINAL LAW
Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in 491 grams cannabis - Appeal against conviction and death sentence - Whether defence cast a reasonable doubt on prosecution's case
Teuku Nawardin Shamsuar v. PP
(Low Hop Bing, Kang Hwee Gee & Azhar Ma'ah JJCA) [2010] 4 CLJ 951
[CA]
CRIMINAL PROCEDURE
Charge - Framing or particulars of - Charge did not indicate five persons or more for the offence of unlawful assembly - Whether charge defective - Penal Code, ss. 141, 143 - Criminal Procedure Code, s. 158
PP v. Mohd Hatta Md Ramli & Ors
(Azman Abdullah JC) [2010] 4 CLJ 985
[HC]
Revision - Discharge not amounting to acquittal - Discharge ordered on the ground that charge did not indicate five persons or more for the offence of unlawful assembly - Whether order for such discharge appropriate - Penal Code, ss. 141, 143 - Criminal Procedure Code, s. 158
PP v. Mohd Hatta Md Ramli & Ors
(Azman Abdullah JC) [2010] 4 CLJ 985
[HC]
EVIDENCE
Burden of proof - Forgery of signature - Burden on appellant to prove respondent's execution of second guarantee - Burden on respondent to prove forgery - Appellant not relieved of duty of proving facts necessary to establish respondent's liability - Section 101 Evidence Act 1950
Alliance Bank Malaysia Bhd v. Sail Yalang
(Abdul Rahman Sebli JC) [2010] 4 CLJ 963
[HC]
Conclusive evidence clause - Guarantee - Reliance on judgment entered by appellant against borrower as conclusive of guarantor's debt - Judgment sum was for total debt under both overdraft facilities - Still did not address how much borrower owed under first overdraft facility
Alliance Bank Malaysia Bhd v. Sail Yalang
(Abdul Rahman Sebli JC) [2010] 4 CLJ 963
[HC]
Proof of debt - Respondent liable under first overdraft facility only - Appellant combined both overdraft facilities and operated under one account - No evidence to show outstanding amount under first overdraft facility
Alliance Bank Malaysia Bhd v. Sail Yalang
(Abdul Rahman Sebli JC) [2010] 4 CLJ 963
[HC]
NEGOTIABLE INSTRUMENTS
Promissory note - Enforcement of claim - Allegations of falsification and forgery of documents - Whether defence available - Bills of Exchange Act 1949, s. 29(1)(b)
Barclays Bank Plc v. Malaysian Sea Best Sdn Bhd & Anor
(Azahar Mohamed J) [2010] 4 CLJ 976
[HC]
Promissory note - Holder - Whether plaintiff holder in due course - Bills of Exchange Act 1949, s. 29(1)(b)
Barclays Bank Plc v. Malaysian Sea Best Sdn Bhd & Anor
(Azahar Mohamed J) [2010] 4 CLJ 976
[HC]
CASE OF THE WEEK
PP v. MOHD HATTA MD RAMLI & ORS
CRIMINAL PROCEDURE: Revision - Discharge not amounting to acquittal - Discharge ordered on the ground that charge did not indicate five persons or more for the offence of unlawful assembly - Whether order for such discharge appropriate - Penal Code, ss. 141, 143 - Criminal Procedure Code, s. 158
CRIMINAL PROCEDURE: Charge - Framing or particulars of - Charge did not indicate five persons or more for the offence of unlawful assembly - Whether charge defective - Penal Code, ss. 141, 143 - Criminal Procedure Code, s. 158
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