CLJ Bulletin, Issue 2010, Vol 24
18 June 2010
CLJ Law MALAYSIA
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| New This Week | 1. Legislation Highlights |
| 2. Articles | |
| a) Legal Network Series Articles | |
| 3. CLJ Volume 5 (Part 3) 2010 |
PU (A)
NUMBER TITLE DATE COMING INTO FORCE PRINCIPAL ACT NO PU(A) 173/2010 Price Control (Fixing Of Maximum Price) (No 2) Order 2010 25 May 2010 ACT 121 PU(A) 174/2010 Price Control (Fixing Of Maximum Price) (No 3) Order 2010 25 May 2010 ACT 121 PU(A) 175/2010 Control Of Supplies (Controlled Articles) (No 2) Order 2010 25 May 2010 ACT 122 PU(A) 176/2010 Double Taxation Relief (The Government Of The Republic Of Senegal) Order 2010 25 May 2010 ACT 53 & ACT 543 PU(A) 177/2010 Double Taxation Relief (The Government Of The Kingdom Of The Netherlands) (Amendment) Order 2010 25 May 2010 ACT 53 & ACT 543 PU (B)
NUMBER TITLE DATE COMING INTO FORCE PRINCIPAL ACT NO PU(B) 258/2010 Notice Regarding The Supplementary Electoral Roll For The First Quarter Of The Year 2010 That Has Been Certified 27 May 2010 ACT 19 PU(B) 259/2010 Appointment Under Subsection 3(1) 27 May 2010 ACT 115 PU(B) 260/2010 Declaration Of Heritage Object (Historical Object) (No 2) 2010 3 June 2010 ACT 645 PU(B) 261/2010 Notice Under Subsection 64(4) 3 June 2010 ACT 333 PU(B) 262/2010 Appointment Of Date Of Coming Into Operation 3 June 2010 ACT 714
a) Legal Network Series Articles
1. Insolvent Trading - The Harsh Reality* [Read
excerpt]
By Scott Butler, McCullough Robertson Lawyers**
2. Jackson Saga Not The Only Legal Thriller In Estates* [Read
excerpt]
By Scott Whitla, McCullough Robertson Lawyers**
COURT
FEDERAL COURT
Sang Lee Company Sdn Bhd & Ors v. Munusamy Karuppiah
(Judgments and orders - Amendment order)
[2010] 5 CLJ 229
COURT OF APPEAL
Hoh Bon Tong v. PP
(Criminal law - Dangerous Drugs Act 1952 - Section 39B(1)(a))
[2010] 5 CLJ 240
Hong Leong Bank Bhd v. Hsui Fong Machinery (M) Sdn Bhd & Ors
(Civil procedure - Appeal - Fresh evidence)
[2010] 5 CLJ 274
Mukand Ltd v. Malaysia Steel Works (KL) Sdn Bhd
(Contract - Agreement - Sale of goods)
[2010] 5 CLJ 282
HIGH COURT
Adnan Ahmad v. Ketua Pengarah Kastam & Ors
(Public servants - Dismissal - Challenge of)
[2010] 5 CLJ 294
Dato' Seri Anwar Ibrahim v. The New Straits Times Press (M) Sdn Bhd & Anor
(Tort - Defamation - Libel and slander)
[2010] 5 CLJ 301
Lee Choon Kiat v. SJ Securities Sdn Bhd
(Breach - Shares - Sale and delivery of shares)
[2010] 5 CLJ 337
Man Fai Tai Congo Holdings Ltd Sarl v. Innovest Bhd
(Breach - Agreement - Sale and purchase agreement)
[2010] 5 CLJ 361
SUBJECT INDEX
CIVIL PROCEDURE
Appeal - Fresh evidence - Admission of - Whether evidence sought to
introduce at the appeal unavailable or that reasonable diligence would not have
made it so available - Whether motion dismissed
Hong Leong Bank Bhd v. Hsui Fong Machinery (M) Sdn Bhd & Ors
(Zainun Ali, Wan Adnan Muhamad & Kang Hwee Gee JJCA)
[2010] 5 CLJ 274 [CA]
Judgments and orders - Amendment order - Rules of the High Court 1980,
O. 42 r. 8 - Whether complied with - Whether Deputy Registrar had power to grant
order extending terms of an earlier order without following procedure prescribed
Sang Lee Company Sdn Bhd & Ors v. Munusamy Karuppiah
(Zulkefli Makinudin, James Foong & Heliliah Mohd Yusof FCJJ)
[2010] 5 CLJ 229 [FC]
Judgments and orders - Sealed Order - Amendment of - Failure to
express true intention of the court - Application made to correct errors so that
order truly reflected what was pronounced by court - Whether Court of Appeal
erred when setting aside order for amendment - Whether right and proper for
sealed order to be amended accordingly - Rules of the High Court 1980, O. 20 r.
11
Sang Lee Company Sdn Bhd & Ors v. Munusamy Karuppiah
(Zulkefli Makinudin, James Foong & Heliliah Mohd Yusof FCJJ)
[2010] 5 CLJ 229 [FC]
Striking out - Application for - Rules of the High Court 1980, O. 18
r. 19(1)(b) & (d) - Whether action to challenge dismissal of plaintiff time
barred - Public Authorities Act 1948, s. 2(a)
Adnan Ahmad v. Ketua Pengarah Kastam & Ors
(T Selventhiranathan HC)
[2010] 5 CLJ 294 [HC]
Striking out - Application for - Whether applicant had locus standi
to file application - Whether application unsustainable - Whether dismissed
Hong Leong Bank Bhd v. Hsui Fong Machinery (M) Sdn Bhd & Ors
(Zainun Ali, Wan Adnan Muhamad & Kang Hwee Gee JJCA)
[2010] 5 CLJ 274 [CA]
CONTRACT
Agency - Contractual relationship - Whether it was intended that
defendant be an agent or the defendant was actually contractually bound by terms
in buy slip to deliver the shares stipulated there - Entire circumstances to be
looked at - Transaction involved a crossing direct deal between defendant and TA
Securities Sdn Bhd - Defendant represented plaintiff in the whole transaction
until completion of direct deal - Contracts Act 1950, s. 183
Lee Choon Kiat v. SJ Securities Sdn Bhd
(Nor Bee Ariffin JC)
[2010] 5 CLJ 337 [HC]
Agreement - Sale of goods - Supplying electrically operated overhead
travelling cranes - Services of supervision for installation and commissioning -
Whether inspection and 'shop testing' as required by contract carried out -
Whether there was evidence of successful erection and commissioning - Whether
cables not in accordance with specifications and design - Failure to reject
cranes within warranty period - Whether affirmed acceptance - Whether plaintiff
liable - Sale of Goods Act 1957, s. 42
Mukand Ltd v. Malaysia Steel Works (KL) Sdn Bhd
(Zaleha Zahari, Heliliah Mohd Yusof & Vincent Ng JJCA)
[2010] 5 CLJ 282 [CA]
Breach - Agreement - Sale and purchase agreement - Termination of
agreement by defendant due to refusal of plaintiff to provide defendant with
letter of credit in strict compliance with terms of agreement - Plaintiff's
claim for refund of sum remitted to defendant - Whether allowed - Whether within
defendant's right to forfeit the deposits - Whether there was a breach of the
agreement
Man Fai Tai Congo Holdings Ltd Sarl v. Innovest Bhd
(Kang Hwee Gee J)
[2010] 5 CLJ 361 [HC]
Breach - Agreement - Sale and purchase agreement - Termination of
agreement by defendant due to refusal of plaintiff to provide defendant with
letter of credit in strict compliance with terms of agreement - Whether
defendant entitled to forfeiture of deposits paid by plaintiff - Claim for
liquidated damages for breach of agreement - Whether misconceived and must be
disallowed
Man Fai Tai Congo Holdings Ltd Sarl v. Innovest Bhd
(Kang Hwee Gee J)
[2010] 5 CLJ 361 [HC]
Breach - Shares - Sale and delivery of shares - Whether the trade that
was transacted with defendant's approval constituted a purchase of 244,000
shares at RM9 per share with 245,000 shares free of delivery and free of payment
as contained in the buy slip and not just the 244,000 shares - Whether free
shares part of direct deal - Defendant estopped from denying any
contractual link with plaintiff over free shares - Whether contract note did not
reflect deal on the free shares
Lee Choon Kiat v. SJ Securities Sdn Bhd
(Nor Bee Ariffin JC)
[2010] 5 CLJ 337 [HC]
CRIMINAL LAW
Dangerous Drugs Act 1952 - Section 39B(1)(a) - Appeal against
conviction and sentence - Whether Judicial Commissioner erred in law in failing
to appreciate defence case - Defence of passive possession - Whether considered
- Whether defence case raised reasonable doubt
Hoh Bon Tong v. PP
(Abdul Malik Ishak, Azhar Ma'ah & Syed Ahmad Helmy JJCA)
[2010] 5 CLJ 240 [CA]
EVIDENCE
Adverse inference - Evidence Act 1950, s. 114(g) - Failure to produce
tape recording - Whether adverse inference would be drawn - Tape was in
defendant's possession, custody and control - Whether production of tape would
be unfavourable or detrimental to defendant
Lee Choon Kiat v. SJ Securities Sdn Bhd
(Nor Bee Ariffin JC)
[2010] 5 CLJ 337 [HC]
Burden of proof - Mens rea - Physical and mental possession -
Elements of - Whether proved - Whether defence case raised reasonable doubt -
Whether classic case of willful blindness
Hoh Bon Tong v. PP
(Abdul Malik Ishak, Azhar Ma'ah & Syed Ahmad Helmy JJCA)
[2010] 5 CLJ 240 [CA]
PUBLIC SERVANTS
Dismissal - Challenge of - Action to challenge dismissal - Whether
time barred - Public Authorities Act 1948, s. 2(a)
Adnan Ahmad v. Ketua Pengarah Kastam & Ors
(T Selventhiranathan HC)
[2010] 5 CLJ 294 [HC]
TORT
Defamation - Libel and slander - Publication of article in local
newspaper - Whether impugned article proved to be defamatory - Defence of
qualified privilege and reportage - Whether available - Whether defendants
liable to plaintiff for damages for defamation
Dato' Seri Anwar Ibrahim v. The New Straits Times Press (M) Sdn Bhd & Anor
(Harmindar Singh Dhaliwal jc)
[2010] 5 CLJ 301 [HC]
Damages - Claim for - Publication of defamatory article in local
newspaper - Whether RM100 million a gross exaggeration - Whether exemplary and
aggravated damages allowed - Compensatory damages of RM100,000 awarded - Whether
adequate
Dato' Seri Anwar Ibrahim v. The New Straits Times Press (M) Sdn Bhd & Anor
(Harmindar Singh Dhaliwal jc)
[2010] 5 CLJ 301 [HC]
CASE OF THE WEEK
SEAN O'CASEY PATTERSON v. CHAN HOONG POH & ORS AND ANOTHER APPEAL
FAMILY LAW: Children - Adoption - Muslims - Whether Registration of Adoption Act 1952 applicable to Muslims - Adoption Act 1952 to be read and interpreted independently of Registration of Adoptions Act 1952 - Nothing to bar application of Registration of Adoption Act 1952 to Muslims
FAMILY LAW: Children - Adoption - Adoption under Registration of Adoption Act 1952 - Whether requirements for adoption satisfied - Whether consent of natural parents obtained - Wrong person named as father in birth certificate of child - Registrar can rely on information regarding parents contained in birth certificate of child - Whether child was maintained and educated by adopters before adoption - Whether proper to dislodge child from adopters - Whether requirements of s. 6 of Registration of Adoption Act 1952 satisfied
FAMILY LAW: Marriage - Validity of - Bride already legally married to another person - Whether marriage void - Law Reform (Marriage and Divorce) Act 1976, ss. 5, 6
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