Bulletin_25

CLJ Bulletin, Vol 2004, Issue 25
2 June 2004

Introduction:
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CLJ Supp May (Part 2) 2004

HIGH COURT

Affin Bank Bhd v. Syed Mohamed
(Contract - Loan - Refusal by defendant to comply with terms thereof) [2004] 6 CLJ 81

Bumicrystal Technology v. Rowstead Systems Sdn Bhd
(Judge to recuse himself - Whether there was "real danger of bias") [2004] 6 CLJ 85

Kok Swee Chin v. General Factoring & Credit Sdn Bhd
(Moneylenders - Interest - Moneylenders Act 1951, ss. 2A, 22(1)) [2004] 6 CLJ 101

Shilpa J Doshi v. Jitendra Chhotalal Doshi
(Family law - Matrimonial property) [2004] 6 CLJ 113

Tahan Steel Corporation Sdn Bhd v. Bank Islam Malaysia Bhd (No 2)
(Civil procedure - Application for Erinford injunction pending hearing of appeal) [2004] 6 CLJ 131

Yusof Rahmat & Co v. Kamal Mohamad Noor; Asiah Mahmud (Intervener)
(Civil procedure - Parties - Intervention - Whether execution proceedings rendered res extincta) [2004] 6 CLJ 141

SUBJECT INDEX

CIVIL PROCEDURE

Injunction - Erinford injunction - Application for Erinford injunction pending hearing of appeal - Damages - Balance of convenience - Whether appeal would be rendered nugatory if injunction not granted
Tahan Steel Corporation Sdn Bhd v. Bank Islam Malaysia Bhd (No 2)
(Abdul Malik Ishak J) [2004] 6 CLJ 131

Judge - Judge to recuse himself - Application for - Correct test to be applied - Whether there was "real danger of bias" - Whether judge ought to recuse himself from hearing and determining present case
Bumicrystal Technology v. Rowstead Systems Sdn Bhd
(Mohamed Apandi Ali JC) [2004] 6 CLJ 85

Parties - Intervention - Leave obtained by intervenor to intervene and be added as a party in execution proceedings brought by plaintiff against defendant - Execution proceedings based on summary judgment - Summary judgment subsequently set aside - Whether execution proceedings rendered res extincta - Whether leave to intervene also rendered academic
Yusof Rahmat & Co v. Kamal Mohamad Noor; Asiah Mahmud (Intervener)
(Low Hop Bing J) [2004] 6 CLJ 141

CONTRACT

Loan - Terms of loan agreement - Loan for purchase of property - Refusal by defendant to comply with terms thereof - Whether plaintiff had claims over property - Whether there was basis for defendant’s non-compliance
Affin Bank Bhd v. Syed Mohamed Buhari
(Azmel Maamor J) [2004] 6 CLJ 81

FAMILY LAW

Financial obligation - Maintenance - Wife self-supporting - Whether wife entitled to maintenance upon divorce - Whether children entitled to maintenance until reaching 18 years of age or upon leaving for higher education
Shilpa J Doshi v. Jitendra Chhotalal Doshi
(Faiza Tamby Chik J) [2004] 6 CLJ 113

Matrimonial property - No contribution - Property inherited by husband - Whether wife entitled to division of property upon divorce - Law Reform (Marriage and Divorce) Act 1976, s. 76
Shilpa J Doshi v. Jitendra Chhotalal Doshi
(Faiza Tamby Chik J) [2004] 6 CLJ 113

MONEYLENDERS

Interest - Excessive interest - Loan agreement - Whether defendant a moneylender exempted from provisions of Moneylenders Act 1951 - Whether defendant prohibited from collecting repayment - Whether plaintiff entitled to charge a higher interest than provided for in Moneylenders Act 1951 - Whether late payment charges irrecoverable - Whether plaintiff had waived and abandoned her rights - Moneylenders Act 1951, ss. 2A, 22(1)
Kok Swee Chin v. General Factoring & Credit Sdn Bhd
(Zulkefli Ahmad Makinudin J) [2004] 6 CLJ 101

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