Bulletin_28

CLJ Bulletin, Vol 2004, Issue 28
16 July 2004

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Curent Law Journal July (Part 1) 2004

FEDERAL COURT

Corrugated Carton Products Sdn Bhd v. Kong Long Huat Realty Sdn Bhd
(Sale and purchase of land - Agreement - Termination) [2004] 3 CLJ 1

COURT OF APPEAL

Lim Lean Heng v. Wako Merchant Bank (Singapore) Ltd & Other Appeals
(Illegally obtained evidence in support of post-judgment mareva injunction) [2004] 3 CLJ 9

Majlis Peguam v. Sunil Singh Gill
(Period of pupillage served with pupil master in Labuan) [2004] 3 CLJ 16

RHB Bank Bhd v. Chew Him Fah
(Deed of assignment - Right to vacant possession of property) [2004] 3 CLJ 22

Toko Palayakat Jamal (M) Sdn Bhd v. Soon Seng Company Sdn Bhd
(Caveat - Application for removal) [2004] 3 CLJ 32

HIGH COURT

Merita Merchant Bank Singapore Ltd v. Benatulin Timur Sdn Bhd & Anor
(Continuation of trial by another judge) [2004] 3 CLJ 44

SUBJECT INDEX

CIVIL LAW ACT

Assignment - Failure to give notice - Whether breach of s. 4(3) Civil Law Act 1956 - Whether giving of notice not required for validity of assignment - Khaw Poh Chhuan v. Ng Gaik Peng & Ors
RHB Bank Bhd v. Chew Him Fah
(Denis Ong JCA, Abdul Hamid Mohamad FCJ & Abdul Aziz Mohamad JCA) [2004] 3 CLJ 22

CIVIL PROCEDURE

Injunction - Mareva injunction, application post judgment - Evidence in support thereof - Question of illegality - Whether irrelevant to application
Lim Lean Heng v. Wako Merchant Bank (Singapore) Ltd & Other Appeals
(Gopal Sri Ram, Arifin Jaka & Augustine Paul JJCA) [2004] 3 CLJ 9

Rules of court - Proceedings at trial - Continuation of trial by another judge - Whether consent of parties required - Rules of the High Court 1980, O. 35 r. 11 - Courts of Judicature Act 1964, ss. 4, 18
Merita Merchant Bank Singapore Ltd v. Benatulin Timur Sdn Bhd & Anor
(Mohd Hishamudin Yunus J) [2004] 3 CLJ 44

Trial - Proceedings at trial - Trial part heard by judge who subsequently retired - Whether judge taking over should hear trial de novo or continue from stage at which it was left by retired judge - Continuation of trial - Whether consent of parties required - Rules of the High Court 1980, O. 35 r. 11 - Courts of Judicature Act 1964, ss. 4, 18
Merita Merchant Bank Singapore Ltd v. Benatulin Timur Sdn Bhd & Anor
(Mohd Hishamudin Yunus J) [2004] 3 CLJ 44

CONTRACT

Assignment - Deed of assignment - Rights, title and interest in property assigned to bank to secure loan - Whether bank had right to vacant possession of property upon default of loan - Bank’s failure to make a written demand - Whether affected right to vacant possession - Whether bank had contractual rights to vacant possession
RHB Bank Bhd v. Chew Him Fah
(Denis Ong JCA, Abdul Hamid Mohamad FCJ & Abdul Aziz Mohamad JCA) [2004] 3 CLJ 22

Repudiation - Legal position of parties where promisee does not accept repudiation - Whether contract still kept alive - Whether promisor could still complete contract notwithstanding previous repudiation
Toko Palayakat Jamal (M) Sdn Bhd v. Soon Seng Company Sdn Bhd
(Mokhtar Sidin, Abdul Kadir Sulaiman & Abdul Aziz Mohamad JJCA) [2004] 3 CLJ 32

Sale and purchase of land - Agreement - Termination by vendor on grounds that purchaser failed to pay balance of purchase price within agreed period - Whether termination proper - Extension of time stipulated in cl. 3(a) of agreement - Whether purchaser entitled as of right for extension of time to make payment thereof - Whether purchaser’s failure to ask and apply for extension fell to its disadvantage
Corrugated Carton Products Sdn Bhd v. Kong Long Huat Realty Sdn Bhd
(Steve Shim CJ (Sabah & Sarawak), Abdul Malek Ahmad & Abdul Hamid Mohamad FCJJ) [2004] 3 CLJ 1

EVIDENCE

Relevancy - Illegally obtained evidence - Evidence in support of application for post judgment mareva injunction - Whether question of illegality irrelevant to application - Equitable principle of "unclean hands" - Whether inapplicable in circumstances of case
Lim Lean Heng v. Wako Merchant Bank (Singapore) Ltd & Other Appeals
(Gopal Sri Ram, Arifin Jaka & Augustine Paul JJCA) [2004] 3 CLJ 9

LAND LAW

Caveat - Application for removal - Whether applicant/plaintiff an aggrieved person - Whether defendant had shown a caveatable interest in property - National Land Code, s. 327(1)
Toko Palayakat Jamal (M) Sdn Bhd v. Soon Seng Company Sdn Bhd
(Mokhtar Sidin, Abdul Kadir Sulaiman & Abdul Aziz Mohamad JJCA) [2004] 3 CLJ 32

Mortgage - Power of sale - Whether bank could exercise contractual power of sale without obtaining a court order
RHB Bank Bhd v. Chew Him Fah
(Denis Ong JCA, Abdul Hamid Mohamad FCJ & Abdul Aziz Mohamad JCA) [2004] 3 CLJ 22

LEGAL PROFESSION

Admission - Qualification for pupillage - Period of pupillage served with pupil master in Labuan - Whether pupil master an advocate and solicitor who is and has been in active practice in Malaysia - Legal Profession Act 1976, s. 13(1)
Majlis Peguam v. Sunil Singh Gill
(Gopal Sri Ram, Abdul Kadir Sulaiman & Arifin Zakaria JJCA) [2004] 3 CLJ 16

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