Legal Network Series

[2009] 1 LNS 1568	SABRINA SOBRI v. PERKANAS SDN BHD	CIVIL PROCEDURE: Injunction - Mandatory injunctions, application for - Trespass - Defendant building drains on plaintiff's land and discharging effluents into it - Whether there was a bona fide issue to be tried - Whether defendant had right to do so - Balance of convenience - Whether injury done to plaintiffs could not be adequately compensated by damages - Whether plaintiff had an unusually strong and clear case so as to entitle him to mandatory injunction
[2009] 1 LNS 1573	POKONG INDUSTRIES SDN BHD v. YEOH ENG CHONG	CONTRACT: Breach - Breach of duty - Defendant failing to advise plaintiff of nature and effect of amendments to Income Tax Act 1967 - Additional expenditure incurred by plaintiff which were no longer tax deductible - Whether defendant liable for plaintiff's increased tax liability CONTRACT: Damages - Breach - Whether plaintiff failed to prove damages - Defendant a tax agent and not tax consultant - Whether RM50,000.00 was a reasonable award for general damages
[2009] 1 LNS 1578	SHANTA HOLDINGS SDN BHD v. AUMKAR PLANTATIONS SDN BHD & ORS	COMPANIES AND CORPORATIONS: Winding up - Petition - Oppression - Delay in presenting petition - Whether disposal of 90.01% of the 1st respondent company's shares made with zero consideration - Petition only presented 3 years later - Petitioner's indolent conduct - Whether 1st respondent company ought to be wound up COMPANIES AND CORPORATIONS: Winding up - Petition - Oppression - Whether oppressive conduct perpetrated by 2nd - 5th respondents
[2011] 1 LNS 222	MERRINGTON HOLDINGS SDN BHD & ANOR v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR	ADMINISTRATIVE LAW: Judicial review - Certiorari - Application for - To quash Industrial Court Award - Whether first respondent committed errors of law or fact and/or acted in excess of or without any jurisdiction - Whether first respondent applied correct principles of industrial law and took relevant matters into consideration in arriving at award - Whether curial intervention warranted CIVIL PROCEDURE: Parties - Joinder of parties - Application by 2nd respondent for 2nd applicant to be joined as a party to non-compliance proceedings before 1st respondent - Whether Chairman correct to allow 2nd applicant to be joined as a party to proceedings
[2011] 1 LNS 260	CHOW SOOK PHENG v. WONG MAUN HOONG	FAMILY LAW: Maintenance - Wife - Claim for lump sum payment - Full trial pending and party responsible for breakdown of marriage yet to be ascertained - Whether interim lump sum payments proper - Monthly maintenance granted - Whether order for lump sum payment of maintenance ought to be made FAMILY LAW: Relations between husband and wife - Non-molestation order - Petitioner Wife and 3 children granted right to continue living in matrimonial home without disturbance by respondent Husband - Whether injunction against molestation needed against respondent Husband FAMILY LAW: Custody - Access - Custody granted to petitioner Wife and reasonable access to respondent Husband - Divorce Petition yet to be disposed of - Interim order granted - Whether wrong to deprive respondent Husband from access to his 3 children - Whether access granted to respondent Husband reasonable - Law Reform (Marriage and Divorce) Act 1976, s. 89(2)(d)

CLJ 2012 Volume 4 (Part 4)

COURT

FEDERAL COURT

Dr Koay Cheng Boon v. Majlis Perubatan Malaysia
Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Suriyadi Halim Omar FCJJ)
(Constitutional Law; Jurisdiction; Statutory Interpretation; Words And Phrases - Appeal from High Court - Whether Court of Appeal could hear "all" appeals from High Court [2012] 4 CLJ 445 [FC]

WRP Asia Pacific Sdn Bhd v. Tenaga Nasional Bhd
Arifin Zakaria CJ, Raus Sharif PCA, Suriyadi Halim Omar FCJ
(Administrative Law; Public Utilities - Judicial review - Powers of  respondent - Contractual relationship of parties - Whether judicial review a public law remedy - Rules of the High Court 1980, O. 53) [2012] 4 CLJ 478 [FC]

HIGH COURT

Ng Yu Wah v. PP
Zamani A Rahim J
(Criminal Procedure - Charge - Whether a valid and proper charge for offence drawn up - Criminal Procedure Code, s. 422) [2012] 4 CLJ 494 [HC]

PP v. Sahari Usul & Ors
Badariah Sahamid J
(Criminal Law - Murder - Common intention - Whether reasonable doubts raised in prosecution's case) [2012] 4 CLJ 504 [HC]

Sanofi-Aventis (Malaysia) Sdn Bhd & Anor v. Fresenius Kabi (Malaysia) Sdn Bhd & Anor
Hanipah Farikullah JC
(Patents - Patentability - Whether patent invalid for lack of novelty and invention - Patents Act 1983, s. 56(2)(a)) [2012] 4 CLJ 532 [HC]

Saujana Hotel Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
Mohd Zawawi Salleh J
(Revenue Law - Income Tax - Industrial building allowance - Promotion of Investments Act 1986, ss. 19, 27 & 30) [2012] 4 CLJ 576 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Remedies - Certiorari - Allegation of - Electricity meter at appellant's premises found to be tampered - Decision of respondent to disconnect electricity supply and to demand amount claimed - Powers of respondent - Electricity Supply Act 1990, s. 38 - Whether respondent's decision can be challenged - Relationship between parties - Breach of - Whether contractual relationship of parties regulated by private law - Whether judicial review a public law remedy - Whether facts and circumstances amenable to judicial review - Rules of the High Court 1980, O. 53
WRP Asia Pacific Sdn Bhd v. Tenaga Nasional Bhd
(Arifin Zakaria CJ, Raus Sharif PCA, Suriyadi Halim Omar FCJ) [2012] 4 CLJ 478 [FC]

Remedies - Judicial Review - Applicability of - Whether an entity can be subject to judicial review when its activities are subject to supervision according to rules and principles of public law - Whether decision made by public authority amenable to judicial review - Rules of the High Court 1980, O. 53
WRP Asia Pacific Sdn Bhd v. Tenaga Nasional Bhd
(Arifin Zakaria CJ, Raus Sharif PCA, Suriyadi Halim Omar FCJ) [2012] 4 CLJ 478 [FC]

CONSTITUTIONAL LAW

Courts - Appeals - Appeal from High Court to Court of Appeal - Whether decision of High Court under s. 31(1) of the Medical Act 1971 ('the Act') final - Whether Court of Appeal could hear "all" appeals from High Court - Whether s. 31(2) of the Act and s. 68(1)(d) of the Courts of Judicature Act 1964 inconsistent with art. 121(1B) of the Federal Constitution
Dr Koay Cheng Boon v. Majlis Perubatan Malaysia
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Suriyadi Halim Omar FCJJ) [2012] 4 CLJ 445 [FC]

CRIMINAL LAW

Murder - Penal Code, s. 302 - Common intention - Accused persons jointly charged with murder of a foreigner - Whether there was common intention to commit offence - Totality of evidence adduced - Consideration of - Whether accused acted in self defence - Whether reasonable doubts raised in prosecution's case
PP v. Sahari Usul & Ors
(Badariah Sahamid J) [2012] 4 CLJ 504 [HC]

CRIMINAL PROCEDURE

Charge - Defective charge - Conviction, appeal against - Accused charged under s. 14 Anti-Trafficking in Persons Act 2007 - Whether a valid and proper charge for offence drawn up - Charge omitted to mention expression "bagi maksud eksploitasi" - Whether indictment wholly defective - Whether curable under s. 422 Criminal Procedure Code
Ng Yu Wah v. PP
(Zamani A Rahim J) [2012] 4 CLJ 494 [HC]

JURISDICTION

Court of Appeal - Appeal from High Court - Decision of High Court pursuant to s. 31(1) of the Medical Act 1971 ('the Act') - Whether decision of High Court final - Whether Court of Appeal could hear "all" appeals from High Court - Whether s. 31(2) of the Act and s. 68(1)(d) of the Courts of Judicature Act 1964 inconsistent with art. 121(1B) of the Federal Constitution
Dr Koay Cheng Boon v. Majlis Perubatan Malaysia
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Suriyadi Halim Omar FCJJ) [2012] 4 CLJ 445 [FC]

PATENTS

Infringement - Whether second defendant's process of manufacturing product infringed plaintiffs' patented process - Difference of - Whether same process of production embraced - Counterclaim by defendants - Whether plaintiffs' patent invalid for lack of novelty and/or inventive step - Patents Act 1983, s. 56(2)(a)
Sanofi-Aventis (Malaysia) Sdn Bhd & Anor v. Fresenius Kabi (Malaysia) Sdn Bhd & Anor
(Hanipah Farikullah JC) [2012] 4 CLJ 532 [HC]

Patentability - Novelty - Whether patent invalid for lack of novelty and invention - Patents Act 1983, s. 56(2)(a)
Sanofi-Aventis (Malaysia) Sdn Bhd & Anor v. Fresenius Kabi (Malaysia) Sdn Bhd & Anor
(Hanipah Farikullah JC) [2012] 4 CLJ 532 [HC]

PUBLIC UTILITIES

Electricity - Notice to disconnect electricity supply - Allegation of - Application by way of judicial review - Electricity meter at appellant's premises found to be tampered - Decision of respondent to disconnect electricity supply and to demand amount claimed - Powers of respondent - Electricity Supply Act 1990, s. 38 - Whether respondent's decision can be challenged - Relationship between parties - Breach of - Whether contractual relationship of parties regulated by private law - Whether judicial review a public law remedy - Whether facts and circumstances amenable to judicial review - Rules of the High Court 1980, O. 53
WRP Asia Pacific Sdn Bhd v. Tenaga Nasional Bhd
(Arifin Zakaria CJ, Raus Sharif PCA, Suriyadi Halim Omar FCJ) [2012] 4 CLJ 478 [FC]

REVENUE LAW

Income Tax - Promotion of investments - Industrial building allowance - Appellant granted investment tax allowance and industrial building allowance- Duration of investment tax allowance allowed for five years - Claim for - Whether entitlement for industrial building allowance can continue upon expiration of investment tax allowance - Factors to consider - Promotion of Investments Act 1986, ss. 19, 27 & 30
Saujana Hotel Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Mohd Zawawi Salleh j) [2012] 4 CLJ 576 [HC]

STATUTORY INTERPRETATION

Construction of statutes - Intention of Parliament - Section 31(2) of the Medical Act 1971 and s. 68(1)(d) of the Courts of Judicature Act 1964 - Whether federal laws - Whether clearly provided for finality in decision of High Court - Whether inconsistent with art. 121(1B) of the Federal Constitution
Dr Koay Cheng Boon v. Majlis Perubatan Malaysia
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Suriyadi Halim Omar FCJJ) [2012] 4 CLJ 445 [FC]

WORDS AND PHRASES

"jurisdiction" - Article 121(1B) of the Federal Constitution - Meaning of
Dr Koay Cheng Boon v. Majlis Perubatan Malaysia
(Zulkefli Makinudin CJ (Malaya), Mohd Ghazali Yusoff, Suriyadi Halim Omar FCJJ) [2012] 4 CLJ 445 [FC]

Legal Network Series Articles

1. LAW REFORM - WHERE WILL IT ALL END? ^{[Read excerpt]}
    BY: LORD NEUBERGER OF ABBOTSBURY, MASTER OF THE ROLLS [2012] 1 LNS(A) xli

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