Legal Network Series

[2011] 1 LNS 871	TELEKOM MALAYSIA BERHAD v. LEADER WEALTHY PTE LTD & ANOR	CONTRACT: Formation - Oral agreement - Purportedly reached by plaintiff with 2nd defendant - Whether what 2nd defendant promised to plaintiff was intended to create legal relations with plaintiff - Whether 2nd defendant legally bound to honour the same - Whether there was a valid undertaking by 2nd defendant to pay 1st defendant's debt jointly and severally - Whether 2nd defendant estopped from denying that he had promised, albeit orally, to settle the debt on behalf of 1st defendant
[2011] 1 LNS 873	TEO KIONG HUAT v. SYARIKAT PERUSAHAAN KELAPA SAWIT SDN BHD	COMPANY LAW: Accounts - Inspection - Previous practice of plaintiff receiving documents at his business address - Practice now stopped - Whether defendant contravened s. 167(3) of the Companies Act 1965 when it stopped the transmission of documents to plaintiff - Whether any director prevented from having access to and/or viewing the reports/documents of the company at the defendant's business address - Whether proper for Court to be asked to interfere in the internal management of the company's affairs LEGAL PROFESSION: Retainer - Authority - Challenge to defendant's solicitor's authority to act for defendant - Failure to show a resolution by defendant appointing them to act - Whether defendant's solicitors had been appointed by defendant to represent defendant vide letter of 21 April 2011 signed by the Chief Executive Officer of defendant
[2011] 1 LNS 896	MULTI-CODE ELECTRONICS INDUSTRIES (M) BERHAD & ANOR v. GORDON TOH CHUN TOH & ORS	CIVIL PROCEDURE: Third party proceedings - Breach of fiduciary duty by third parties - Indemnity and contribution sought against 3rd parties/directors of 1st plaintiff - Whether there was delay in making the application - Whether 2nd defendant initiating legal proceedings for and on behalf of plaintiffs in respect of breaches of fiduciary duties of plaintiff's directors - Whether any nexus between main suit and proposed third party proceedings - Whether 2nd defendant's application misconceived
[2011] 1 LNS 903	FAZILAH AZZALI & ORS v. UNI ASIA GENERAL INSURANCE BERHAD	TORT: Negligence - Road accident - Damages - Sessions Court finding that defendants were 100% liable to plaintiffs - Affirmed by the High Court - Whether plaintiffs entitled to recover the full judgment sum against defendant - Road Transport Act 1987, s. 96(1)
[2011] 1 LNS 949	AUGUSTO POMPEO ROMEI & ANOR v. SINGARAVELU RATNAVELU & ORS	COMPANY LAW: Resolutions - Legal effect - Purported resolution authorizing and approving 3rd Party charge - Whether resolution procured by forgery on the part of 1st and/or 2nd defendant - Whether resolution invalid and ineffective in law - Non compliance with articles - Whether written resolution under articles only valid and effectual if signed by all directors for the time being entitled to receive notice of the board meeting - Whether resolution passed - Whether there was valid authority for the consequential execution of any document by 1 or 2 directors COMPANY LAW: Indoor management rule - Entrustment of company seal to 1st and 2nd defendants by other directors - Whether constituted a holding out that they had authority to affix the seal and execute the document on behalf of the 4th defendant company LAND LAW: Indefeasibility of title and interests - Charge - Whether 3rd Party charge indefeasible because it was accepted in good faith and for valuable consideration - Purported resolution authorizing and approving 3rd Party charge - Whether resolution procured by forgery - Whether resolution invalid and ineffective in law - Whether 3rd Party charge rendered void or invalid

CLJ 2013 Volume 3 (Part 8)

COURT

FEDERAL COURT

North Plaza Sdn Bhd v. Equiticorp Holdings Ltd & Ors & Other Appeals
Zulkefli Makinudin CJ (Malaya), Abdull Hamid Embong, Suriyadi Halim Omar, Ahmad Maarop, Zaleha Zahari FCJJ
(Company Law - Liquidators - Appointment) [2013] 3 CLJ 1101 [FC]

COURT OF APPEAL

Tan Bun Teet & Ors v. Menteri Sains, Teknologi Dan Inovasi Malaysia & Ors
Ramly Ali, Azahar Mohamed, Aziah Ali JJCA
(Civil Procedure - Stay of proceedings - Injunction against government) [2013] 3 CLJ 1115 [CA]

HIGH COURT

Abdul Razak Datuk Abu Samah v. Raja Badrul Hisham Raja Zezeman Shah & Ors
Vazeer Alam Mydin Meera JC
(Tort - Negligence - Professional negligence - Duty of care) [2013] 3 CLJ 1130 [HC]

Kavitha Krishnan & Anor v. Kerajaan Malaysia
Yeoh Wee Siam J
(Civil Procedure; Limitation; Tort - Pleadings - Vicarious liability) [2013] 3 CLJ 1155 [HC]

Lai Khan Nei & Satu Lagi lwn. PP
Mohd Amin Firdaus Abdullah H
(Undang-undang Jenayah; Prosedur Jenayah; Keterangan - Alibi - Notis - Keterangan ikut keadaan) [2013] 3 CLJ 1161 [HC]

Lim Thian Siang v. Bursa Malaysia Securities Bhd & Anor
Ravinthran Paramaguru JC
(Administrative Law; Jurisdiction - Judicial review - Extension of time - Distinct territorial jurisdiction) [2013] 3 CLJ 1214 [HC]

PP v. Norhazwan Abd Wahab
Zamani A Rahim J
(Criminal Law - Dangerous Drugs Act 1952 - Possession and knowledge) [2013] 3 CLJ 1221 [HC]

RHB Bank Bhd lwn. Lim Boon Huat & Satu Lagi
Umi Kalthum Abdul Majid H
(Perbankan - Bank dan perniagaan bank - Jaminan) [2013] 3 CLJ 1234 [HC]

Tan Seng Huat v. Affin Bank Bhd & Other Appeals
Mohd Amin Firdaus JC
(Bankruptcy - Receiving and adjudication order - Absence of judgment debtor) [2013] 3 CLJ 1253 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Application for - Extension of time - Whether reasonable explanation given for delay - Whether delay caused serious repercussions to public interest - Whether extension allowed - Rules of Court 2012, O. 53 r. 3(6)
Lim Thian Siang v. Bursa Malaysia Securities Bhd & Anor
(Ravinthran Paramaguru JC) [2013] 3 CLJ 1214 [HC]

BANKRUPTCY

Receiving and adjudication order - Appeal against - Granting or receiving and adjudication order in absence of judgment debtor - Whether contravened s. 24(1) Bankruptcy Act 1967 - Whether receiving order and adjudication order should have been granted in stages and not simultaneously - Whether condition under s. 6(2) satisfied before receiving order made
Tan Seng Huat v. Affin Bank Bhd & Other Appeals
(Mohd Amin Firdaus JC) [2013] 3 CLJ 1253 [HC]

CIVIL PROCEDURE

Injunction - Injunction against government - Application for - Whether injunction would interfere with public duty - Whether s. 29 of the Government Proceedings Act 1956 protects public authority from injunctive orders - Specific Relief Act 1950, s. 54 - Rules of Court 2012, O. 53 r. 2(2)
Tan Bun Teet & Ors v. Menteri Sains, Teknologi Dan Inovasi Malaysia & Ors
(Ramly Ali, Azahar Mohamed, Aziah Ali JJCA) [2013] 3 CLJ 1115 [CA]

Pleadings - Striking out - Failure to name government officer responsible for alleged tortious act as party - Whether pleadings fatally flawed - Whether disclosed reasonable cause of action - Whether abuse of process of court
Kavitha Krishnan & Anor v. Kerajaan Malaysia
(Yeoh Wee Siam J) [2013] 3 CLJ 1155 [HC]

Stay of proceedings - Application for - Application for interim stay until final disposal of judicial review proceedings - Whether application sustainable - Whether appellants had locus standi
Tan Bun Teet & Ors v. Menteri Sains, Teknologi Dan Inovasi Malaysia & Ors
(Ramly Ali, Azahar Mohamed, Aziah Ali JJCA) [2013] 3 CLJ 1115 [CA]

COMPANY LAW

Liquidators - Powers of - Appointment of liquidator pursuant to consent order - Terms of - Liquidator to constitute committee of inspection - Failure of - Land belonging to wound up company was sold - Whether liquidator could sell land without establishing committee of inspection - Whether requirement to constitute committee of inspection mandatory - Whether purchaser fully aware of surrounding circumstances when entered into sale and purchase agreement - Whether bona fide purchaser for value - Companies Act 1965, ss. 218 & 236(2)(c)
North Plaza Sdn Bhd v. Equiticorp Holdings Ltd & Ors & Other Appeals
(Zulkefli Makinudin CJ (Malaya), Abdull Hamid Embong, Suriyadi Halim Omar, Ahmad Maarop, Zaleha Zahari FCJJ) [2013] 3 CLJ 1101 [FC]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in 1,767g of cannabis - Possession and knowledge - Whether accused had custody and control of bag containing drugs - Whether evidence of accused rebutted deeming provision of possession and knowledge - Whether prosecution witness truthful and reliable - Whether accused's exculpatory evidence stood unshaken - Whether prosecution proved its case beyond reasonable doubt - Criminal Procedure Code, s. 182A(3) - Dangerous Drugs Act 1952, s. 37(d)
PP v. Norhazwan Abd Wahab
(Zamani A Rahim J) [2013] 3 CLJ 1221 [HC]

JURISDICTION

High Court - Distinct territorial jurisdiction - Impugned decision made in Kuala Lumpur - Whether High Court of Malaya or High Court of Sabah and Sarawak seized with jurisdiction to hear application - Courts of Judicature Act 1964, s. 23(1)(a), (b) & (c)
Lim Thian Siang v. Bursa Malaysia Securities Bhd & Anor
(Ravinthran Paramaguru JC) [2013] 3 CLJ 1214 [HC]

LIMITATION

Public Authorities Protection Act 1948 - Public officer's act - Whether fell within first limb of s. 2(a) of PAPA - Whether continuous injury or damage - Calculation of 36 month limitation period - Whether action time barred
Kavitha Krishnan & Anor v. Kerajaan Malaysia
(Yeoh Wee Siam J) [2013] 3 CLJ 1155 [HC]

TORT

Negligence - Duty of care - Duty to inform risks involved in management and treatment of patient - Whether duty of care to explain nature and risks of surgery extended to next of kin - Whether patient relied on next of kin to make decision
Abdul Razak Datuk Abu Samah v. Raja Badrul Hisham Raja Zezeman Shah & Ors
(Vazeer Alam Mydin Meera JC) [2013] 3 CLJ 1130 [HC]

Negligence - Professional negligence - Whether surgeon and anaesthetists negligent in management and treatment of patient - Whether inherent and material risks of surgery and anaesthesia explained to patient - Whether patient's consent to surgery obtained without her appreciation of risks involved - Whether patient's primary care doctor owed duty to explain nature and risks of surgery to patient's next of kin who was decision-maker
Abdul Razak Datuk Abu Samah v. Raja Badrul Hisham Raja Zezeman Shah & Ors
(Vazeer Alam Mydin Meera JC) [2013] 3 CLJ 1130 [HC]

Vicarious liability - Liability of government - Failure to name government officer responsible for alleged tortious act as party - Effect of - Whether officer should be made party and his liability established before government could be made vicariously liable
Kavitha Krishnan & Anor v. Kerajaan Malaysia
(Yeoh Wee Siam J) [2013] 3 CLJ 1155 [HC]

INDEKS PERKARA

KETERANGAN

Keterangan ikut keadaan - Kebolehpercayaan - Sama ada keterangan ikut keadaan `convincing' dan 'compelling' - Sama ada keterangan ikut keadaan mengaitkan tertuduh dengan kesalahan
Lai Khan Nei & Satu Lagi lwn. PP
(Mohd Amin Firdaus Abdullah H) [2013] 3 CLJ 1161 [HC]

PERBANKAN

Bank dan perniagaan bank - Jaminan - Peminjam digulungkan - Tuntutan pembayaran balik kemudahan daripada penjamin - Sama ada penjamin-penjamin terikat dengan perjanjian pembayaran balik - Sama ada faedah dikira selepas penggulungan peminjam - Sama ada hutang peminjam dibuktikan
RHB Bank Bhd lwn. Lim Boon Huat & Satu Lagi
(Umi Kalthum Abdul Majid H) [2013] 3 CLJ 1234 [HC]

PROSEDUR JENAYAH

Alibi - Notis - Sama ada keperluan notis di bawah s. 402A Kanun Tatacara Jenayah dipatuhi - Sama ada kegagalan memberikan notis di bawah s. 402A mewajarkan keterangan tertuduh tidak boleh diterima
Lai Khan Nei & Satu Lagi lwn. PP
(Mohd Amin Firdaus Abdullah H) [2013] 3 CLJ 1161 [HC]

UNDANG-UNDANG JENAYAH

Akta Penculikan 1961 - Seksyen 3 - Sama ada keterangan mengaitkan tertuduh dengan kesalahan - Sama ada tertuduh menimbulkan keraguan munasabah terhadap kes pihak pendakwaan
Lai Khan Nei & Satu Lagi lwn. PP
(Mohd Amin Firdaus Abdullah H) [2013] 3 CLJ 1161 [HC]

CLJ 2013 Volume 4 (Part 1)

COURT

SUPREME COURT INDIA

Medha Kotwal Lele & Ors v. Union Of India & Ors
RM Lodha, Anil R Dave, Ranjan Gogoi JJ
(Constitutional Law - Sexual harassment of women at workplaces - Human and Civil Rights) [2013] 4 CLJ 1 [SC India]

FEDERAL COURT

Md Zainudin Raujan v. PP
Arifin Zakaria CJ, Zulkefli Makinudin CJ (Malaya), Abdull Hamid Embong, Hasan Lah, Zainun Ali FCJJ
(Criminal Law; Evidence - Section 39B(1)(a) - Trafficking in dangerous drugs) [2013] 4 CLJ 21 [FC]

COURT OF APPEAL

Ketua Polis Daerah Johor Bahru, Johor & Ors v. Ngui Tek Choi
Ramly Ali, Anantham Kasinather, Lim Yee Lan JJCA
(Criminal Procedure; Jurisdiction; Police - Police investigation - Detention order - Legality) [2013] 4 CLJ 47 [CA]

Mohannad Taha Ismail v. PP
Linton Albert, Mohtarudin Baki, Mohd Zawawi Salleh JJCA
(Criminal Law - Penal Code - Section 302 - Murder - Death of child) [2013] 4 CLJ 66 [CA]

HIGH COURT

Cbtech (M) Sdn Bhd v. Alpha Flowtech Sdn Bhd
Hadhariah Syed Ismail JC
(Contract; Evidence - Building contract - Claim for payment - Ambiguity in contract) [2013] 4 CLJ 83 [HC]

Dato' Annas Khatib Jaafar v. The New Straits Times Press (M) Bhd & Ors
Hamid Sultan Abu Backer J
(Civil Procedure; Tort - Striking out - Action - Defamation – Absolute privilege) [2013] 4 CLJ 96 [HC]

Lee Lai Ching v. Lim Hooi Teik
Zamani A Rahim J
(Family Law - Children - Paternity - DNA testing) [2013] 4 CLJ 107 [HC]

Marcel Jude Ms Joseph v. Messrs Jayasuriya Kah & Co
Lee Heng Cheong JC
(Tort; Evidence; Legal Profession - Negligence - Economic loss) [2013] 4 CLJ 117 [HC]

Wira Sawit Sdn Bhd v. Hj Alang Mohd Samin Tak Salleh
Ahmad Nasfy Yasin JC
(Contract; Civil Procedure - Joint venture agreement - Termination) [2013] 4 CLJ 134 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Originating summons - Declaration - Application for - Application for settlement between parties to be declared valid and binding and for suit to be struck out - Res judicata - Principles - Whether applied - Whether purported settlement valid - Whether reliefs sought misconceived and unsustainable
Wira Sawit Sdn Bhd v. Hj Alang Mohd Samin Tak Salleh
(Ahmad Nasfy Yasin JC) [2013] 4 CLJ 134 [HC]

Res judicata - Principles - Whether issues raised and argued in previous court same as present court - Whether principle of res judicata and/or issue of estoppel applied
Wira Sawit Sdn Bhd v. Hj Alang Mohd Samin Tak Salleh
(Ahmad Nasfy Yasin JC) [2013] 4 CLJ 134 [HC]

Striking out - Action - Cause of action for defamation based on newspaper report - Action identical to earlier suit in another newspaper - Whether attempt to relitigate action already heard and disposed of - Whether action abuse of court process - Whether fit and proper case to be struck out
Dato' Annas Khatib Jaafar v. The New Straits Times Press (M) Bhd & Ors
(Hamid Sultan Abu Backer J) [2013] 4 CLJ 96 [HC]

CONSTITUTIONAL LAW

Constitution of India - Arts. 21, 16, 14, 19, 15(1), 15(3), 42, 51-A(a), 51-A(e), 32 and 141 - Sexual harassment of women at workplaces - Prevention of, by proper mechanism and compliance with directions issued in Vishaka, (1997) 6 SCC 241 - Further directions issued - Taking note that some States were not complying with Vishaka Directions, adequate number of Complaints Committees directed to be expeditiously constituted at all levels, taluka, district and State, to inquire into allegations of sexual harassment - State and UT-wise progress reviewed - Default by some of the States and UTs indicated - Vishaka Directions in their true substance and spirit, directed to be implemented so that women could work with dignity, decency and due respect in a safe and secure workplace - Despite India being the largest democracy and despite limitless potential of women and their contribution in various fields, concern expressed over lack of proper mechanisms and protective laws for women - Matter disposed of, with direction that aggrieved parties could approach High Court concerned in case of non-compliance with directions issued in Vishaka case and herein - Human and Civil Rights - Protection of Women Against Sexual Harassment at Workplace Bill, 2010
Medha Kotwal Lele & Ors v. Union Of India & Ors
(RM Lodha, Anil R Dave, Ranjan Gogoi JJ) [2013] 4 CLJ 1 [SC India]

Constitution of India - Arts. 21, 16, 14, 19, 15(1), 15(3), 42, 51-A(a), 51-A(e), 32 and 141 - Sexual harassment of women at workplaces - Sexual Harassment Complaints Committee - Desirable constitution of - Each Complaints Committee to be headed by a woman - As far as possible an independent member to be associated with each Complaints Committee
Medha Kotwal Lele & Ors v. Union Of India & Ors
(RM Lodha, Anil R Dave, Ranjan Gogoi JJ) [2013] 4 CLJ 1 [SC India]

Constitution of India - Arts. 21, 16, 14, 19, 15(1), 15(3), 42, 51-A(a), 51-A(e), 32 and 141 - Sexual harassment of women at workplaces - Sexual Harassment Complaints Committee - Report of Complaints Committee - Nature, effectiveness of and desirable action to be taken based thereupon, clarified - Report of Complaints Committee, held, shall not be treated as a mere preliminary investigation or inquiry leading to a disciplinary action but shall be treated as a finding/report in inquiry into misconduct of delinquent - Until appropriate legislation is in place, manner in which a victim is to be given protection against harasser indicated - For this government and public sectors directed to carry out requisite amendment is CSC rules (Civil Service Conduct Rules) - For private sector, Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 directed to be amended - Service Law - Departmental enquiry - Sexual Harassment Complaints Committee - Nature of report of
Medha Kotwal Lele & Ors v. Union Of India & Ors
(RM Lodha, Anil R Dave, Ranjan Gogoi JJ) [2013] 4 CLJ 1 [SC India]

Constitution of India - Arts. 21, 16, 14, 19, 15(1), 15(3), 42, 51-A(a), 51-A(e), 32 and 141 - Sexual harassment of women at workplaces - Organisations to which complaint mechanism as laid down in Vishaka, (1997) 6 SCC 241 should be extended - Bar Council of India and other statutory professional governing bodies directed to deal with sexual harassment complaints in accordance with Vishaka Directions - Professions and Professionals - Sexual harassment - Directions issued for extension of Vishaka Directions to
Medha Kotwal Lele & Ors v. Union Of India & Ors
(RM Lodha, Anil R Dave, Ranjan Gogoi JJ) [2013] 4 CLJ 1 [SC India]

CONTRACT

Building contract - Payment - Claim for payment for work done under sub-contract - Entitlement to balance sum owed for work done - Gas installation works - Whether there was delay - Whether issuance of Certificate of Completion and Approval to Operate conclusive evidence
Cbtech (M) Sdn Bhd v. Alpha Flowtech Sdn Bhd
(Hadhariah Syed Ismail JC) [2013] 4 CLJ 83 [HC]

Construction of terms in contract - Ambiguity in contract - Interpretation of completion date - Whether court could refer to relevant statutory provision to determine time of completion - Findings of fact by trial judge - Whether justified
Cbtech (M) Sdn Bhd v. Alpha Flowtech Sdn Bhd
(Hadhariah Syed Ismail JC) [2013] 4 CLJ 83 [HC]

Joint venture agreement - Termination - Agreement to develop lands into oil palm estate - Agreement terminated when no profits gained after ten years - Parties allegedly agreed to settle suit and counterclaim amicably with no order as to costs - Agreement affirmed by High Court but reversed by Court of Appeal - Whether High Court had jurisdiction to make such orders - Principle of res judicata and/or issue of estoppel - Whether purported settlement valid
Wira Sawit Sdn Bhd v. Hj Alang Mohd Samin Tak Salleh
(Ahmad Nasfy Yasin JC) [2013] 4 CLJ 134 [HC]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in cannabis, heroine and monoacetylmorphines - Proof - Whether drugs recovered as a result of information supplied by appellant - Whether presumption of trafficking applied to appellant - Whether no reasonable doubt raised against prosecution's case - Whether defence a mere denial - Evidence Act 1950, ss. 27, 134
Md Zainudin Raujan v. PP
(Arifin Zakaria CJ, Zulkefli Makinudin CJ (Malaya), Abdull Hamid Embong, Hasan Lah, Zainun Ali FCJJ) [2013] 4 CLJ 21 [FC]

Penal Code - Section 302 - Murder - Conviction and sentence - Appeal against - Death of child - Nexus between appellant and death of child - Whether proved - Whether evidence showed appellant carried out acts causing death of child - Circumstantial evidence - Whether fully considered and subjected to maximum evaluation - Whether defence mere denial - Whether appellant's narration consistent with injuries sustained by child - Whether misdirection by trial judge - Whether appellant raised reasonable doubt on prosecution's case
Mohannad Taha Ismail v. PP
(Linton Albert, Mohtarudin Baki, Mohd Zawawi Salleh JJCA) [2013] 4 CLJ 66 [CA]

CRIMINAL PROCEDURE

Police investigation - Detention order - Application for further detention order - Legality of - Mistake in investigation diaries submitted for remand order - Whether mistake rendered remand order null and void - Criminal Procedure Code, s. 117
Ketua Polis Daerah Johor Bahru, Johor & Ors v. Ngui Tek Choi
(Ramly Ali, Anantham Kasinather, Lim Yee Lan JJCA) [2013] 4 CLJ 47 [CA]

EVIDENCE

Burden of proof - Allegation of particular fact - Facts within knowledge of appellant - Back to back payments - Whether payment received from main contractor - Evidence Act 1950, s. 106
Cbtech (M) Sdn Bhd v. Alpha Flowtech Sdn Bhd
(Hadhariah Syed Ismail JC) [2013] 4 CLJ 83 [HC]

Conduct - Estoppel - Whether plaintiff had by his conduct represented that he had no objections to defendant acting for client - Whether plaintiff estopped from denying that he had consented to defendant taking over conduct of client's legal affairs
Marcel Jude Ms Joseph v. Messrs Jayasuriya Kah & Co
(Lee Heng Cheong JC) [2013] 4 CLJ 117 [HC]

Corroboration - Trafficking in dangerous drugs - Prosecution's evidence rested solely on evidence of single witness - Whether evidence needed to be corroborated - Whether sufficient to establish case against accused - Whether conviction sustainable - Evidence Act 1950, s. 134
Md Zainudin Raujan v. PP
(Arifin Zakaria CJ, Zulkefli Makinudin CJ (Malaya), Abdull Hamid Embong, Hasan Lah, Zainun Ali FCJJ) [2013] 4 CLJ 21 [FC]

Credibility - Trafficking in cannabis - Prosecution's case rested solely on evidence of single witness - Whether witness a credible witness - Whether evidence needed to be corroborated - Issue of credibility - Whether best left to trial judge - Whether conviction sustainable - Evidence Act 1950, s. 134
Md Zainudin Raujan v. PP
(Arifin Zakaria CJ, Zulkefli Makinudin CJ (Malaya), Abdull Hamid Embong, Hasan Lah, Zainun Ali FCJJ) [2013] 4 CLJ 21 [FC]

FAMILY LAW

Children - Paternity - Whether DNA test should be ordered - Whether a person could be compelled to undergo DNA test against his will - Whether it would constitute hurt - Whether there was no specific provision of statute to order DNA testing - Best interest of child - United Nations Convention on the Rights of the Child, arts. 3 & 7 - Federal Constitution, art. 8
Lee Lai Ching v. Lim Hooi Teik
(Zamani A Rahim J) [2013] 4 CLJ 107 [HC]

JURISDICTION

Magistrate - Criminal jurisdiction - Whether issuance of remand order an exercise of criminal jurisdiction - Whether remand order could only be set aside by High Court exercising criminal, appellate or revision power under Criminal Procedure Code and Courts of Judicature Act 1964 - Whether unlawfulness of remand order challenged - Whether High Court exercising civil jurisdiction allowed to question legality of remand order
Ketua Polis Daerah Johor Bahru, Johor & Ors v. Ngui Tek Choi
(Ramly Ali, Anantham Kasinather, Lim Yee Lan JJCA) [2013] 4 CLJ 47 [CA]

LEGAL PROFESSION

Practice and Etiquette - Breach of rule - Whether breach of rule attracted liability - Advocate (Practice and Etiquette) Rules 1988, r. 54
Marcel Jude Ms Joseph v. Messrs Jayasuriya Kah & Co
(Lee Heng Cheong JC) [2013] 4 CLJ 117 [HC]

POLICE

Arrest and detention - Legality - Mistake in investigation diaries submitted for remand order - Whether Magistrate satisfied with identity of suspect and purpose of remand - Whether mistake mere typographical error - Whether mistake rendered remand order null and void - Criminal Procedure Code, s. 117 - Police Act 1967, s. 32(1)
Ketua Polis Daerah Johor Bahru, Johor & Ors v. Ngui Tek Choi
(Ramly Ali, Anantham Kasinather, Lim Yee Lan JJCA) [2013] 4 CLJ 47 [CA]

Authority - Arrest and detention - Wrongful detention - Detention pursuant to remand order under s. 117 Criminal Procedure Code - Whether issuance of remand order constitutes act of judicial authority - Whether police officer acting in obedience to order immune from liability - Police Act 1967, s. 32(1)
Ketua Polis Daerah Johor Bahru, Johor & Ors v. Ngui Tek Choi
(Ramly Ali, Anantham Kasinather, Lim Yee Lan JJCA) [2013] 4 CLJ 47 [CA]

TORT

Defamation - Absolute privilege - Newspaper report based on report to ACA - Whether report to ACA calling for investigation into suspected act of criminal wrong doing protected by absolute privilege - Whether action in respect of newspaper report bound to fail
Dato' Annas Khatib Jaafar v. The New Straits Times Press (M) Bhd & Ors
(Hamid Sultan Abu Backer J) [2013] 4 CLJ 96 [HC]

Negligence - Economic loss - Defendant legal firm undertook conduct of legal matters of plaintiff's former client - Plaintiff claimed defendant negligent in taking over conduct of client's legal affairs without first having plaintiff discharged as client's advocate and solicitor and settling outstanding fees due from client - Whether defendant owed plaintiff duty of care - Whether defendant breached duty of care - Whether defendant was cause of loss suffered by plaintiff - Whether defendant liable to pay damages to plaintiff
Marcel Jude Ms Joseph v. Messrs Jayasuriya Kah & Co
(Lee Heng Cheong JC) [2013] 4 CLJ 117 [HC]