Legal Network Series

[2009] 1 LNS 1574	TAN CHENG HUAT v. HII YII PENG & ORS	CONTRACT: Misrepresentation - Fraudulent misrepresentation - Representation to plaintiff that 26 lots of land could be sold by 4th defendant to plaintiff free from encumbrances - Whether defendant fraudulently misrepresented to plaintiff - Whether 1st, 2nd and 3rd defendants could be held personally liable for fraudulent misrepresentation CONTRACT: Misrepresentation - Damages - Plaintiff an unlicensed housing developer - Whether plaintiff could seek court's assistance for damages in respect of loss of profit from sale of 26 buildings
[2009] 1 LNS 1645	KOH HENG JIN @ KOH HENG LEONG v. KOH HOOI CHEOW REALTY SDN BHD	COMPANIES AND CORPORATIONS: Meetings - Quorum - Validity - No quorum at commencement of Board Meeting - Whether meeting invalid - Whether all resolutions passed at EGM likewise invalid COMPANIES AND CORPORATIONS: Liquidators - Appointed pursuant to resolution passed at invalid EGM - Whether appointment invalid - Independence of liquidators - Whether they should be allowed to continue as liquidators of respondent company COMPANIES AND CORPORATIONS: Winding up - Whether Court should replace voluntary winding-up of respondent with a compulsory winding-up order - Whether resolution to voluntarily wind-up respondent invalid - Whether respondent could resist petition based on s. 219(1) of the Companies Act 1965 - Whether petitioner obliged to prove fraud or mistake by existing liquidators to invoke jurisdiction of Court to wind-up respondent - Whether court should order compulsory winding-up of respondent
[2009] 1 LNS 1651	TAN LIONG SIE v. PERMAS JAYA SDN BHD	STATUTORY INTERPRETATION: Construction of statute - Intention of Parliament - Strata Titles Act 1985, s. 40A(i) - Whether clear distinction between "execution of the transfer" and "execution of documents of transfer" - Defendant executed Form 14A - Whether tantamount to execution of transfer or mere execution of documents of transfer - Whether defendant complied with requirements of s. 40A(i)(1) STATUTORY INTERPRETATION: Retrospective operation - Legislative intention - To facilitate transfer of strata titles to purchasers like plaintiff - Liberal and purposive approach - Strata Titles Act, s. 40A(i) - Whether section should be applied retrospectively
[2009] 1 LNS 1653	MARIE FRANCE BODYLINE SDN BHD v. TRIBUNAL TUNTUTAN PENGGUNA & ANOR	ADMINISTRATIVE LAW: Judicial review - Application for - Certiorari - To quash award of Tribunal for Consumer Claims - Whether award was illegal and/or ultra vires the Consumer Protection Act 1999, s. 2(2)(f) - Whether applicant was providing healthcare services - No reasons given by Tribunal - Whether any breach of s. 114 of the CPA - Whether any error of law and/or misinterpretation of provisions of the CPA as to cause an injustice
[2011] 1 LNS 330	PP v. AZLAN FAUZY ABD SAMAT	CRIMINAL PROCEDURE: Sentencing - Murder - Youthful offender - Plea of guilty - Public interest - Accused of good character before his involvement in offence - Repentant and remorseful - One year in remand - Whether a proper and suitable case for bond of good behavior to be imposed - Criminal Procedure Code, s. 294

CLJ 2012 Volume 4 (Part 5)

COURT

COURT OF APPEAL

Air Express International (M) Sdn Bhd v. MISC Agencies Sdn Bhd
Ramly Ali, Alizatul Khair Osman, Anantham Kasinather JJCA
(Customs And Excise - Customs duties - Payment used to pay different account - Whether to be refunded) [2012] 4 CLJ 589 [CA]

HIGH COURT

Fauzilah Salleh v. Universiti Malaysia Terengganu
Yazid Mustafa J
(Administrative Law - Revocation of Master's Degree by University - Right to be heard) [2012] 4 CLJ 601 [HC]

Foo Toon Aik v. Ketua Pendaftar Kelahiran Dan Kematian, Malaysia
Rohana Yusuf J
(Civil Procedure; Constitutional Law - Certiorari - Unregistered marriage - Citizenship of child - Citizenship by operation of law) [2012] 4 CLJ 613 [HC]

Lim Koon Chow v. Ambank (M) Bhd
Lee Swee Seng JC
(Bankruptcy - Notice - Limitation - Creditor's petition - Service of) [2012] 4 CLJ 624 [HC]

Ops Suria (EM) Sdn Bhd v. Ayuda Engineering Services Enterprise Sdn Bhd
Ravinthran Paramaguru JC
(Civil Procedure; Constitutional Law - Jurisdiction - High Court - Powers of High Court - Transfer of case) [2012] 4 CLJ 670 [HC]

PP v. Abdul Kasim Brahim
John Ko Wai Seng JC
(Criminal Procedure; Road Traffic; Statutory Interpretation - Offences - Respondent charged under r. 3(2)(b) Road Traffic Rules 1959 - Whether properly charged) [2012] 4 CLJ 681 [HC]

Sebekai Plantation Sdn Bhd v. Superintendent Of Lands And Surveys, Bintulu
John Ko Wai Seng JC
(Land Law - Title - Provisional lease - Acquisition of land) [2012] 4 CLJ 694 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Rules of natural justice - Right to be heard - Breach of - Revocation of Master's Degree by University due to allegation of plagiarism - Whether there was a violation of the university's constitution - Whether University partly contributed to commission of plagiarism - Whether plaintiff accorded right to be heard
Fauzilah Salleh v. Universiti Malaysia Terengganu
(Mohd Yazid Mustafa J) [2012] 4 CLJ 601 [HC]

BANKRUPTCY

Creditor's petition - Application to set aside - Application premised on similar grounds adverted to in earlier dismissed application - Whether second application done in bad faith - Whether abuse of process of court
Lim Koon Chow v. Ambank (M) Bhd
(Lee Swee Seng JC) [2012] 4 CLJ 624 [HC]

Creditor's petition - Service of - Application to set aside - Service of by way of substituted service - Whether served pursuant to r. 20 of the Bankruptcy Rules 1969
Lim Koon Chow v. Ambank (M) Bhd
(Lee Swee Seng JC) [2012] 4 CLJ 624 [HC]

Creditor's petition - Service of - Judgment debtor domiciled in Singapore - Whether judgment debtor had business address in Malaysia - Whether filing of creditor's petition prohibited - Bankruptcy Act 1967, ss. 3(3), 5(1)(d)
Lim Koon Chow v. Ambank (M) Bhd
(Lee Swee Seng JC) [2012] 4 CLJ 624 [HC]

Notice - Application to set aside - Application for same reliefs as earlier application which had been withdrawn - Whether filing of application abuse of process of the court - Whether judgment debtor provided cogent and convincing reasons for filing of application
Lim Koon Chow v. Ambank (M) Bhd
(Lee Swee Seng JC) [2012] 4 CLJ 624 [HC]

Notice - Limitation - Issue of bankruptcy notice six years from date of judgment - Whether leave of court required - Judgment debtor inducing judgment creditor to annul adjudication and receiving order obtained earlier - Whether judgment debtor estopped from raising limitation
Lim Koon Chow v. Ambank (M) Bhd
(Lee Swee Seng JC) [2012] 4 CLJ 624 [HC]

CIVIL PROCEDURE

Certiorari - Application for - Unregistered marriage - Unregistered marriage of applicant citizen and Thai National - Child from relationship registered in birth certificate as 'Non-citizen' - Applicant adopted child vide Adoption Order - Whether Adoption Order implied citizenship of child - Whether child qualified as citizen - Adoption Act 1952, s. 9
Foo Toon Aik v. Ketua Pendaftar Kelahiran Dan Kematian, Malaysia
(Rohana Yusuf J) [2012] 4 CLJ 613 [HC]

Jurisdiction - High Court - Powers of High Court - Transfer of case - Defendant's application to transfer case from Kuching to Sandakan - Whether High Court could transfer case from one branch to another - Doctrine of forum non conveniens - Factors to consider in determining appropriate forum for trial - Whether proven by defendant - Whether case fell within Sandakan's jurisdiction - Courts of Judicature Act 1964, s. 23(1)
Ops Suria (EM) Sdn Bhd v. Ayuda Engineering Services Enterprise Sdn Bhd
(Ravinthran Paramaguru JC) [2012] 4 CLJ 670 [HC]

CONSTITUTIONAL LAW

Citizenship - Citizenship by operation of law - Unregistered marriage - Unregistered marriage of applicant citizen and Thai National - Child from relationship registered in birth certificate as 'Non-citizen' adopted by applicant - Whether child qualified as citizen - Federal Constitution, art. 14(1)(b)
Foo Toon Aik v. Ketua Pendaftar Kelahiran Dan Kematian, Malaysia
(Rohana Yusuf J) [2012] 4 CLJ 613 [HC]

Courts - High Court - Jurisdiction - Power to transfer cases - Whether court has power to transfer case to another branch - Courts of Judicature Act 1964, s. 25(2)
Ops Suria (EM) Sdn Bhd v. Ayuda Engineering Services Enterprise Sdn Bhd
(Ravinthran Paramaguru JC) [2012] 4 CLJ 670 [HC]

CRIMINAL PROCEDURE

Appeal - Appeal against decision of Magistrate - Respondent discharged and acquitted based on preliminary objection - Whether learned Magistrate erred in fact and law
PP v. Abdul Kasim Brahim
(John Ko Wai Seng JC) [2012] 4 CLJ 681 [HC]

CUSTOMS AND EXCISE

Customs duties - Payment - Whether appellant's banker's cheque wrongfully used by respondent to pay its own customs duties - Whether respondent enriched by receiving benefit of appellant's banker's cheque - Whether refusal of appellant's declaratory relief unjust and inappropriate - Whether appellant's claim against respondent established - Whether trial judge erred in findings
Air Express International (M) Sdn Bhd v. MISC Agencies Sdn Bhd
(Ramly Ali, Alizatul Khair Osman, Anantham Kasinather JJCA) [2012] 4 CLJ 589 [CA]

LAND LAW

Acquisition of land - Provisional lease - Whether compensation payable on such land - Sarawak Land Code, ss. 2, 28
Sebekai Plantation Sdn Bhd v. Superintendent Of Lands And Surveys, Bintulu
(John Ko Wai Seng JC) [2012] 4 CLJ 694 [HC]

Title - Provisional lease - Meaning of - Whether provisional lease amounted to document of title - Whether could be available for alienation - Sarawak Land Code, ss. 2, 28
Sebekai Plantation Sdn Bhd v. Superintendent Of Lands And Surveys, Bintulu
(John Ko Wai Seng JC) [2012] 4 CLJ 694 [HC]

ROAD TRAFFIC

Offences - Creation of offences - Road Traffic Rules 1959 - Whether merely a guideline to conduct investigation - Respondent charged under r. 3(2)(b) Road Traffic Rules 1959 - Whether r. 3(2)(b) must be read together with s. 119(1) Road Transport Act 1987 - Whether offence created - Whether charge against respondent null and void
PP v. Abdul Kasim Brahim
(John Ko Wai Seng JC) [2012] 4 CLJ 681 [HC]

STATUTORY INTERPRETATION

Subordinate legislation - Validity - Inconsistency between Act and Subsidiary legislation - Purpose of r. 3(2)(b) Road Traffic Rules 1959 - Whether served as guidance for road users - General penalty provided by s. 119(2) of Road Transport Act 1987 - Whether applicable for breach of Road Traffic Rules 1959
PP v. Abdul Kasim Brahim
(John Ko Wai Seng JC) [2012] 4 CLJ 681 [HC]

Legal Network Series Articles

1. IN THE MATTER OF: AN OPINION ON THE LAND RIGHT OF THE MALAYSIAN ORANG ASLI ^{[Read excerpt]}
    BY: SCHONA JOLLY, CAMILLA TER HAAR, FERNANDA VENZON [2012] 1 LNS(A) xlii

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