COMSA FARMS BHD v. MALAYSIAN ASSURANCE ALLIANCE BHD
HIGH COURT MALAYA, KUALA LUMPUR
HAMID SULTAN ABU BACKER J
[SUIT NO: D4-22-1200-2007]
16 APRIL 2012
[2012] CLJ JT(1)

CIVIL PROCEDURE: Contempt of court - Administration of justice - Application for recusal of judge - Grounds for - Whether application on inappropriate grounds exposed defendant to contempt proceedings - Whether application in bad faith or undermined administration of justice

CIVIL PROCEDURE: Judge - Application to recuse judge - Grounds for - Application based on findings by judge in another case against defendant - Test to be applied - Whether "real danger of bias" or whether suffices if there "appears to be real danger of bias" - Whether judge's decision in other case taken out of context - Whether biasness must be personal in nature

CIVIL PROCEDURE: Judge - Application to recuse judge - Procedure - Whether application to Chief Justice of Malaya ('CJM') or managing judge more appropriate - Whether judge bound by directions of CJM - Courts of Judicature Act 1964, s. 20 - Judges' Code of Ethics 2009, s. 11

Legal Network Series

[2009] 1 LNS 1527	UT SECURITIES SDN BHD v. YEAP YEE LEONG	CONTRACT: Non est factum - Not pleaded in defence - Whether defendant barred from raising this defence - Whether defendant proved he had taken reasonable precaution when he signed all agreements and documents pertaining to the Margin Account - Whether defendant had duly executed said agreements and letters of offer pertaining to the Margin Account EVIDENCE: Proof of - Debt - Defendant acknowledged and admitted indebtedness of trading losses of a larger sum - Lesser sum claimed after setting off value of defendant's shares pledged as security that had been force sold - Failure by plaintiff to tender relevant statement of accounts or record to show how sum derived - Whether plaintiff proved defendant still owed sum as claimed
[2009] 1 LNS 1530	PP v. MALIK NYAI	CRIMINAL PROCEDURE: Trial - Prosecution - State of mind of accused - Suffered from mental illness - Doctor's report - Whether futile to continue with trial - Whether Chapter XXXIII of Criminal Procedure Code applicable CRIMINAL PROCEDURE: Defence - Unsoundness of mind - Evidence sufficient to show accused had caused death of victim - Whether accused incapable of knowing nature of act constituting the offence or that it was wrong or contrary to law - Whether accused should be acquitted of charge of murder
[2009] 1 LNS 1531	PP v. OI LAI SENG	CRIMINAL LAW: Penal Code - ss. 300, 307 - Murder and attempted murder - Accused last person seen with deceased - Pistol discovered on information of accused - Caused death of deceased - Clear intention to kill - Whether there was overwhelming evidence linking accused with death of deceased as well as injuries to SP4 - Whether accused raised any reasonable doubt in prosecution's case - Whether prosecution proved both charges against accused beyond reasonable doubt EVIDENCE: Information leading to fact discovered - Evidence Act 1950, s. 27 - Information given by accused - Whether information of accused led to discovery of pistol
[2011] 1 LNS 357	CHAI LANG FAH @ CHAI LIAN FAH v. CYCLE & CARRIAGE BINTANG BERHAD	TORT: Misrepresentation - Negligent and/or fraudulent misrepresentation - Induced into purchasing vehicle - Whether there was fraudulent/negligent misrepresentation by defendant's agent to plaintiff and/or her husband that vehicle was a year 2007 make and free of defects SALE OF GOODS: Merchantable quality and fit for use - Whether DW1 represented to plaintiff and/or PW3 that car was free from defects - Accumulated usage and services rendered during the 2 year warranty period plus rectification of defects - Whether car defective in the sense of not being of merchantable quality and being totally unfit for use - Whether plaintiff entitled to rescind contract for total failure of consideration
[2011] 1 LNS 360	SHENG LIEN @ SHENG LEN YEE v. TAN TENG HENG (NO 2)	CIVIL PROCEDURE: Contempt of court - Breach of court order - Failure of respondent husband to file Affidavit on assets as required by Court Order dated 29 November 2011 - Appeal filed against that Order - No stay granted - Whether respondent husband did not have to comply with said order as his appeal was pending - Whether respondent husband should be allowed to be heard on his application for stay made on 29 November 2011 CIVIL PROCEDURE: Stay of order - Stay pending appeal - Great financial losses suffered due to injunction imposed on respondent husband by Court Order - Whether his appeal would be rendered nugatory if stay not granted - Danger of assets being dissipated or disposed of by respondent husband if injunction stayed - Whether purpose for which injunction was issued to petitioner wife would be rendered nugatory if stay were to be granted - Whether special circumstances existed to justify grant of stay

CLJ 2012 Volume 3 (Part 5)

COURT

FEDERAL COURT

Ambank (M) Bhd v. KT Steel Sdn Bhd & Ors
Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ
(Bills Of Sale - Definition - Lease agreement - Whether transaction illegal) [2012] 3 CLJ 521 [FC]

Ambank (M) Bhd v. Luqman Kamil Mohammed Don
Hashim Yusoff, Mohd Ghazali Yusoff, Ahmad Maarop FCJJ
(Civil Procedure - Pleadings - Departure from - Appellant's case in court different from that pleaded) [2012] 3 CLJ 551 [FC]

Kerajaan Malaysia & Ors v. Tay Chai Huat
Arifin Zakaria CJ, Hashim Yusoff, Mohd Ghazali Yusoff FCJJ
(Administrative Law; Constitutional Law; Police - Exercise of administrative powers - Dismissal from service - Public officer) [2012] 3 CLJ 577 [FC]

Malayan Banking Bhd v. Ching Suit Fee
Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Hasan Lah FCJJ
(Banking; Civil Procedure - Banks and banking business - Letter of credit - Presentation of an irrevocable letter of credit - Right of recourse - Estoppel) [2012] 3 CLJ 606 [FC]

HIGH COURT

Dato' Dr Henry Ooi Kwee Lim v. Majlis Perubatan Malaysia
Aziah Ali J
(Civil Procedure - Affidavits - Affidavit in reply - Application to cross-examine - Delay of 13 months in application) [2012] 3 CLJ 619 [HC]

Foo Fatt Chuen v. Jacobson Cheong Weng Hin & Ors
Mohamad Ariff Yusof J
(Bankruptcy; Contract - Capacity of bankrupt - Undischarged bankrupt - Carrying on business by undischarged bankrupt) [2012] 3 CLJ 632 [HC]

Lumber Mart Sdn Bhd v. Tan Eng Hoe
Mohamad Ariff Yusof J
(Company Law - Accounts - Directors' duty - Refusal by former director of company to sign audited accounts - Whether entitled to refuse to sign) [2012] 3 CLJ 654 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Exercise of administrative powers - Dismissal from service - Public officer - Whether case required further clarification through appointment of Committee of Inquiry - Whether failure to hold oral enquiry rendered disciplinary authority's decision null and void - Federal Constitution, art. 135(2) - Public Officers (Conduct and Discipline) (Chapter D) General Orders 1980
Kerajaan Malaysia & Ors v. Tay Chai Huat
(Arifin Zakaria CJ, Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 3 CLJ 577 [FC]

BANKING

Banks and banking business - Letter of credit - Presentation of an irrevocable letter of credit - Whether mandatory requirement for payment to be effected upon sight of document by issuing bank - Whether contract pursuant to letter of credit fully realised - Whether issuing bank had no right to seek return of monies
Malayan Banking Bhd v. Ching Suit Fee
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Hasan Lah FCJJ) [2012] 3 CLJ 606 [FC]

Banks and banking business - Letter of credit - Right of recourse - Whether negotiating bank had right of recourse against beneficiary of letter of credit - Uniform Customs and Practice for Documentary Credit International Chamber of Commerce - Whether negotiating banks obliged to return monies paid - Whether there was equitable ground to hold money paid by mistake - Whether respondent entitled to payment - Whether appellant estopped from seeking refund - Whether negotiating bank entitled to deduct it's customer's account for purpose of returning monies equivalent to issuing bank's demand - Contracts Act 1950, s. 73
Malayan Banking Bhd v. Ching Suit Fee
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Hasan Lah FCJJ) [2012] 3 CLJ 606 [FC]

BANKRUPTCY

Capacity of bankrupt - Undischarged bankrupt - Carrying on business by undischarged bankrupt - Whether contractual transactions entered thereof void - Exceptions - Bankruptcy Act 1967, ss. 38(1)(d), (e)
Foo Fatt Chuen v. Jacobson Cheong Weng Hin & Ors
(Mohamad Ariff Yusof J) [2012] 3 CLJ 632 [HC]

BILLS OF SALE

Definition - Lease agreement - Lessee under lease agreement real owner of goods - Lessee borrowed purchase price for goods from lessor and acknowledged lessor as owner - Whether lease agreement became bill of sale and void for non-registration - Whether transaction illegal - Banking and Financial Institutions Act 1989, s. 60 - Bills of Sale Act 1950, s. 4 - Contracts Act 1950, s. 24 - Sale of Goods Act 1957, ss. 19 & 20
Ambank (M) Bhd v. KT Steel Sdn Bhd & Ors
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 3 CLJ 521 [FC]

CIVIL PROCEDURE

Affidavits - Affidavit in reply - Application to cross-examine - Whether incumbent on applicant to specifically deny or challenge contents of affidavit - Absence of affidavit in support - Whether application stood unsupported
Dato' Dr Henry Ooi Kwee Lim v. Majlis Perubatan Malaysia
(Aziah Ali J) [2012] 3 CLJ 619 [HC]

Estoppel - Banks and banking business - Letter of credit - Demand of refund on grounds of alleged irregularities in documents after endorsing payment to respondent - Whether estoppel applied
Malayan Banking Bhd v. Ching Suit Fee
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Hasan Lah FCJJ) [2012] 3 CLJ 606 [FC]

Pleadings - Departure from - Appellant's case in court different from that pleaded - Appellant claimed respondent's contingent liability arose once Letter of Credit ('LC') issued in beneficiary's favour - No mention of LC in Statement of Claim - Pleaded case prayed for judgment for amount due under Trust Receipt ('TR') - Borrower's liability under TR only arose after respondent ceased to be guarantor - Whether respondent liable for TR debt
Ambank (M) Bhd v. Luqman Kamil Mohammed Don
(Hashim Yusoff, Mohd Ghazali Yusoff, Ahmad Maarop FCJJ) [2012] 3 CLJ 551 [FC]

Summons-in-chambers - Application to cross-examine deponent of affidavit - Delay of 13 months in application - Whether reasonable delay - Whether sufficient explanation given - Whether there was special circumstances to allow application
Dato' Dr Henry Ooi Kwee Lim v. Majlis Perubatan Malaysia
(Aziah Ali J) [2012] 3 CLJ 619 [HC]

COMPANY LAW

Accounts - Directors' duty - Refusal by former director of company to sign audited accounts - Whether former director could be compelled to sign - Whether entitled to refuse to sign - Whether application to compel made in compliance with s. 362(2) of the Companies Act 1965
Lumber Mart Sdn Bhd v. Tan Eng Hoe
(Mohamad Ariff Yusof J) [2012] 3 CLJ 654 [HC]

Directors - Accounts - Audited accounts - Refusal by former director of company to sign audited accounts - Whether former director could be compelled to sign - Whether entitled to refuse to sign - Whether application to compel made in compliance with s. 362(2) of the Companies Act 1965
Lumber Mart Sdn Bhd v. Tan Eng Hoe
(Mohamad Ariff Yusof J) [2012] 3 CLJ 654 [HC]

CONSTITUTIONAL LAW

Public servants - Disciplinary proceedings - Disciplinary Authority found police inspector's representation to charges failed to show sufficient cause - Inspector dismissed without Committee of Inquiry being set up - Whether opinion of Disciplinary Authority that case did not require further clarification through Committee of Inquiry could be reviewed/scrutinised by court - Whether incumbent on accused to ask for oral hearing or necessary documents to answer charges - Federal Constitution, art. 135(2) - Public Officers (Conduct and Discipline) (Chapter D) General Orders 1980
Kerajaan Malaysia & Ors v. Tay Chai Huat
(Arifin Zakaria CJ, Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 3 CLJ 577 [FC]

CONTRACT

Joint venture - Joint venture agreement - Best endeavours - Party to joint venture failed to inform other party of his bankruptcy status - Whether a bankrupt eligible to enter into agreement
Foo Fatt Chuen v. Jacobson Cheong Weng Hin & Ors
(Mohamad Ariff Yusof J) [2012] 3 CLJ 632 [HC]

POLICE

Disciplinary proceedings - Dismissal - Disciplinary Authority found police inspector's representation to charges failed to show sufficient cause - Inspector dismissed without Committee of Inquiry being set up - Whether opinion of Disciplinary Authority that case did not require further clarification through Committee of Inquiry could be reviewed/scrutinised by court - Whether incumbent on accused to ask for oral hearing or necessary documents to answer charges - Public Officers (Conduct and Discipline) (Chapter D) General Orders 1980
Kerajaan Malaysia & Ors v. Tay Chai Huat
(Arifin Zakaria CJ, Hashim Yusoff, Mohd Ghazali Yusoff FCJJ) [2012] 3 CLJ 577 [FC]

CLJ 2012 Volume 3 (Part 6)

COURT

FEDERAL COURT

LB (Lian Bee) Confectionery Sdn Bhd v. QAF Ltd
Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Ahmad Maarof FCJJ
(Trade Marks - Expungement - Whether respondent used its trade mark within prescribed statutory period - Trade Marks Act 1976 s. 46(1)(b)) [2012] 3 CLJ 661 [FC]

COURT OF APPEAL

Sinarlim Sdn Bhd v. Waja Destinasi (M) Sdn Bhd
Low Hop Bing, Sulong Matjeraie, Ramly Ali JJCA
(Company Law; Jurisdiction - Winding-up - Filing of more than one petition at any one time - Whether leave of court required) [2012] 3 CLJ 678 [CA]

TRA Mining (Malaysia) Sdn Bhd v. Thein Hong Teck & Ors And Another Appeal
Zainun Ali, Mohamed Apandi Ali, Zaharah Ibrahim JJCA
(Company Law; Partnership; Civil Procedure; Words & Phrases - Whether partnership an unregistered company and could be wound-up under s. 314(1) Companies Act 1965) [2012] 3 CLJ 692 [CA]

United Overseas Bank (Malaysia) Bhd v. Andrew Lee Siew Ling
Jeffrey Tan, Zaharah Ibrahim, Linton Albert JJCA
(Banking; Bankruptcy; Contract - Guarantor executed letter of indemnity and guarantee - Borrower wound-up - Claim against guarantor for interest on outstanding loan amount - Bankruptcy Act 1967, s. 8(2A)) [2012] 3 CLJ 708 [CA]

HIGH COURT

Comsa Farms Bhd v. Malaysian Assurance Alliance Bhd
Hamid Sultan Abu Backer J
(Civil Procedure - Contempt of court - Application for recusal of judge - Test to be applied - Whether biasness must be personal in nature) [2012] 3 CLJ 724 [HC]

Kean Yick Enterprise Sdn Bhd v. Cherating Development Sdn Bhd & Anor And Other Cases
Lau Bee Lan J
(Contract - Sale and purchase of property - Developer abandoned project - Privity of contract - Whether purchasers could obtain specific performance against third party) [2012] 3 CLJ 741 [HC]

OSK Trustees Bhd lwn. Kerajaan Malaysia
Mohd Zawawi Salleh H
(Kontrak - Perjanjian kemudahan - Pengeluaran bon-bon Islam - Akujanji defendan melalui surat sokongan) [2012] 3 CLJ 766 [HC]

SUBJECT INDEX

BANKING

Banks and banking business - Loan agreement - Guarantor executed letter of indemnity and guarantee - Borrower defaulted in settling loan amount - Borrower wound-up in a separate action - Claim against guarantor for interest on outstanding loan amount - Whether bank prohibited from claiming interest against guarantor after borrower wound-up - Whether letter of guarantee and indemnity a separate and independent contract - Bankruptcy Act 1967, s. 8(2A)
United Overseas Bank (Malaysia) Bhd v. Andrew Lee Siew Ling
(Jeffrey Tan, Zaharah Ibrahim, Linton Albert JJCA) [2012] 3 CLJ 708 [CA]

BANKRUPTCY

Interest - Debt - Letter of guarantee and indemnity executed by guarantor - Borrower defaulted in settling loan amount - Borrower wound-up in a separate action - Claim against guarantor for interest on outstanding loan amount - Whether bank prohibited from claiming interest against guarantor after borrower wound-up - Bankruptcy Act 1967, s. 8(2A)
United Overseas Bank (Malaysia) Bhd v. Andrew Lee Siew Ling
(Jeffrey Tan, Zaharah Ibrahim, Linton Albert JJCA) [2012] 3 CLJ 708 [CA]

CIVIL PROCEDURE

Contempt of court - Administration of justice - Application for recusal of judge - Grounds for - Whether application on inappropriate grounds exposed defendant to contempt proceedings - Whether application in bad faith or undermined administration of justice
Comsa Farms Bhd v. Malaysian Assurance Alliance Bhd
(Hamid Sultan Abu Backer J) [2012] 3 CLJ 724 [HC]

Judge - Application to recuse judge - Grounds for - Application based on findings by judge in another case against defendant - Test to be applied - Whether "real danger of bias" or whether suffices if there "appears to be real danger of bias" - Whether judge's decision in other case taken out of context - Whether biasness must be personal in nature
Comsa Farms Bhd v. Malaysian Assurance Alliance Bhd
(Hamid Sultan Abu Backer J) [2012] 3 CLJ 724 [HC]

Judge - Application to recuse judge - Procedure - Whether application to Chief Justice of Malaya ('CJM') or managing judge more appropriate - Whether judge bound by directions of CJM - Courts of Judicature Act 1964, s. 20 - Judges' Code of Ethics 2009, s. 11
Comsa Farms Bhd v. Malaysian Assurance Alliance Bhd
(Hamid Sultan Abu Backer J) [2012] 3 CLJ 724 [HC]

Summary application - Rules of the High Court 1980, O. 14A - Winding-up of partneship - Whether a partnership is an "unregistered company" under s. 314 Companies Act 1965 - Whether O. 14A a suitable mechanism to dispose of case
TRA Mining (Malaysia) Sdn Bhd v. Thein Hong Teck & Ors And Another Appeal
(Zainun Ali, Mohamed Apandi Ali, Zaharah Ibrahim JJCA) [2012] 3 CLJ 692 [CA]

COMPANY LAW

Winding-up - Petition - Filing of more than one petition at any one time - Whether leave of court required - Whether petition could be filed against company already wound-up - Companies Act 1965, s. 226(3)
Sinarlim Sdn Bhd v. Waja Destinasi (M) Sdn Bhd
(Low Hop Bing, Sulong Matjeraie, Ramly Ali JJCA) [2012] 3 CLJ 678 [CA]

Winding-up - Petition - Whether High Court had jurisdiction to set aside or rescind winding-up order made and perfected by another High Court - Whether should have been dealt by way of appeal to Court of Appeal
Sinarlim Sdn Bhd v. Waja Destinasi (M) Sdn Bhd
(Low Hop Bing, Sulong Matjeraie, Ramly Ali JJCA) [2012] 3 CLJ 678 [CA]

Winding-up - Setting aside - Partnership - Whether partnership an unregistered company and could be wound-up - Companies Act 1965, s. 314(1) - Applicability of
TRA Mining (Malaysia) Sdn Bhd v. Thein Hong Teck & Ors And Another Appeal
(Zainun Ali, Mohamed Apandi Ali, Zaharah Ibrahim JJCA) [2012] 3 CLJ 692 [CA]

Winding-up - Stay of order - Winding-up order stayed wholly by consent - Effect of - Whether petition totally discontinued and terminated
Sinarlim Sdn Bhd v. Waja Destinasi (M) Sdn Bhd
(Low Hop Bing, Sulong Matjeraie, Ramly Ali JJCA) [2012] 3 CLJ 678 [CA]

Winding-up - Unregistered companies - Partnership with more than five members - Whether could be wound-up - Companies Act 1965, s. 314(1) - Applicability of
TRA Mining (Malaysia) Sdn Bhd v. Thein Hong Teck & Ors And Another Appeal
(Zainun Ali, Mohamed Apandi Ali, Zaharah Ibrahim JJCA) [2012] 3 CLJ 692 [CA]

CONTRACT

Guarantee - Guarantee and indemnity - Borrower defaulted in settling loan amount - Borrower wound-up in a separate action - Claim against guarantor for interest on outstanding loan amount - Whether bank prohibited from claiming interest against guarantor after borrower wound-up - Whether letter of guarantee and indemnity a separate and independent contract - Bankruptcy Act 1967, s. 8(2A)
United Overseas Bank (Malaysia) Bhd v. Andrew Lee Siew Ling
(Jeffrey Tan, Zaharah Ibrahim, Linton Albert JJCA) [2012] 3 CLJ 708 [CA]

Sale and purchase of property - Failure to complete - Developer abandoned project - Third party undertook to complete project - Purchasers sued developer and third party for specific performance and damages for late delivery - Privity of contract - No agreement between third party and purchasers - Purchasers' dealings with developer not known to third party - Purchasers unable to prove payment of purchase price - Whether purchasers could obtain specific performance against third party - Whether purchasers' agreement with developer void for want of consideration - Evidence Act 1950, ss. 32(1)(b) & 73A - Contracts Act 1950, s. 26
Kean Yick Enterprise Sdn Bhd v. Cherating Development Sdn Bhd & Anor And Other Cases
(Lau Bee Lan J) [2012] 3 CLJ 741 [HC]

JURISDICTION

High Court - Procedure - Winding-up petition - Whether High Court had jurisdiction to set aside or rescind winding-up order made and perfected by another High Court - Whether should have been dealt by way of appeal to Court of Appeal
Sinarlim Sdn Bhd v. Waja Destinasi (M) Sdn Bhd
(Low Hop Bing, Sulong Matjeraie, Ramly Ali JJCA) [2012] 3 CLJ 678 [CA]

PARTNERSHIP

Winding-up - Setting aside - Whether partnership an unregistered company and could be wound-up - Companies Act 1965, s. 314(1) - Applicability of
TRA Mining (Malaysia) Sdn Bhd v. Thein Hong Teck & Ors And Another Appeal
(Zainun Ali, Mohamed Apandi Ali, Zaharah Ibrahim JJCA) [2012] 3 CLJ 692 [CA]

TRADE MARKS

Registered trade mark - Expungement - Trade Marks Act 1976, s. 46(1)(b) - Respondent registered proprietor of trade mark "Squiggles" - Appellant had been using trade mark "Squiggle" since 2007 - Similarity of - Licensing agreement executed between respondent and Gardenia Bakeries ('Gardenia') - Rights accorded to Gardenia to use trade mark "Squiggles" - Whether Gardenia a registered user - Contractual activities between respondent and Gardenia - Allegation of - Bona fide use - Whether respondent used its trade mark in good faith - Whether respondent used its trade mark within prescribed statutory period - Whether appellant a "person aggrieved" - Whether appellant has locus standi to make application - Whether registered user precluded from using trade mark before date of application to register - Principle of in bonam partem - Applicability of - Trade Marks Regulations 1997, reg. 81(2)
LB (Lian Bee) Confectionery Sdn Bhd v. QAF Ltd
(Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Ahmad Maarof FCJJ) [2012] 3 CLJ 661 [FC]

WORDS & PHRASES

"'Unregistered company' includes a foreign company and any partnership ..." - Section 314(1), Companies Act 1965 - Whether word "and" means term includes a foreign company and also any "partnership, association or company consisting of more than five members" - Whether inclusive definition
TRA Mining (Malaysia) Sdn Bhd v. Thein Hong Teck & Ors And Another Appeal
(Zainun Ali, Mohamed Apandi Ali, Zaharah Ibrahim JJCA) [2012] 3 CLJ 692 [CA]

INDEKS PERKARA

KONTRAK

Perjanjian - Perjanjian kemudahan - Pengeluaran bon-bon Islam bagi membiayai kerja-kerja di bawah Perjanjian Konsesi - Akujanji defendan melalui surat sokongan - Sama ada surat sokongan merupakan akujanji, representasi dan jaminan daripada defendan - Terma-terma - Sama ada surat sokongan diniatkan untuk mengikat - Sama ada defendan bertanggunjawab
OSK Trustees Bhd lwn. Kerajaan Malaysia
(Mohd Zawawi Salleh H) [2012] 3 CLJ 766 [HC]

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1. EMPLOYMENT LAW UPDATES IN NEW ZEALAND ^{[Read excerpt]}
    BY: BERNARD BANKS [2012] 1 LNS(A) xxxiv

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