Legal Network Series

[2006] 1 LNS 288	ANUITI ENTERPRISE (M) SDN BHD v. CUBIC ELECTRONICS SDN BHD	CONTRACT: Termination - Right to terminate - Whether defendant had the right to terminate agreement - Whether defendant had complied with clause by terminating agreement via letter of termination CONTRACT: Construction of terms of contract - Termination of agreement clause - Whether clauses were clear and unambiguous - Whether Court obliged to give effect to them EVIDENCE: Extrinsic evidence - Plaintiff's counsel's attempt to refer to oral testimony of plaintiff's witnesses - Whether plaintiff had agreed to termination clause - Whether oral evidence should be considered in view of written agreement - Evidence Act 1950, ss. 91, 92
[2008] 1 LNS 201	DOLOMITE READYMIXED CONCRETE SDN BHD v. ZALAM CORPORATION SDN BHD & ORS	CIVIL PROCEDURE: Parties - Misjoinder of parties - Only 1st defendant had obtained judgment against plaintiff - Whether 1st defendant alone had capacity to present winding-up petition - Whether 2nd to 7th defendants ought not to have been made a party to this action COMPANIES AND CORPORATIONS: Winding up - Inability to pay debts - Restraint of presentation of winding up petition - Plaintiff having a cross-claim against defendants which exceeded amount claimed in statutory notice - 1st defendant obtaining summary judgment against plaintiff - Whether 1st defendant could enforce judgment without having to wait for plaintiff's counterclaim to be adjudicated at full trial - Judgment sum paid by plaintiff into solicitor's account - Whether plaintiff had shown its ability to pay defendant's debt - Whether plaintiff ought to be wound up
[2009] 1 LNS 1654	PP v. ABDUSSAMAD	CRIMINAL LAW: Dangerous Drugs Act 1952 - s. 39B(1)(a) - Trafficking in dangerous drugs - Presumption of trafficking - Weight of drugs far exceeded statutory weight which triggered presumption - Whether irresistible inference that accused was trafficking in drugs - Whether a prima facie case made out CRIMINAL PROCEDURE: Prosecution - Prosecution's case - Prima facie case - Possession - Whether prosecution proved physical custody of drugs in respect of first charge - Whether there was proof of possession for second charge - Whether drugs recovered in respect of both charges were dangerous drugs - Whether prosecution proved a prima facie case against accused CRIMINAL PROCEDURE: Defence - Calling of defence of accused - Denial of knowledge of drugs - Drugs found in house and sling bag purportedly belonged to accused's friend - Landlord of house not called to testify - Existence of accused's friend not challenged by prosecution - Whether accused raised a reasonable doubt - Whether accused had knowledge of drugs
[2009] 1 LNS 1663	TAN MING YEOW v. LEAN ENG CHONG & ORS	COMPANIES AND CORPORATIONS: Oppression - Conduct amounting to oppression - Complaints of oppression by 1st, 2nd and 4th respondents in the conduct of 5th respondent's affairs - Whether 5th respondent was a quasi-partnership between petitioner and 2nd respondent - Whether 2nd respondent exercised his powers as a director in a manner oppressive to petitioner - Petitioner not served with notice of Board of Directors meeting and consequently did not attend - Whether meeting invalid - Whether all resolutions passed at meeting equally invalid
[2011] 1 LNS 413	AGRO-INDUSTRIAL SUPPLIES (M) SDN BHD & ORS v. IPMA INDUSTRY SDN BHD & ORS	COMPANIES AND CORPORATIONS: Oppression - Oppression of minority - Petitioners minority shareholders - Whether affairs of Company conducted oppressively in a manner which was unfairly prejudicial to petitioners' interests COMPANIES AND CORPORATIONS: Oppression - Conduct amounting to oppression - Second petitioner denied access to accounting books of Company - Extraordinary General Meeting called to remove petitioners pursuant to Companies Act 1965, s. 144 - Whether matters complained of constituted a breach of fiduciary duty owed to petitioners by respondents in operation of the Company's affairs or business - If so, whether such breaches amounted to oppression or unfairness to petitioners - Companies Act 1965, s. 181(1)(a), (b) COMPANIES AND CORPORATIONS: Oppression - Relief - Remedies available under s. 181 of Companies Act 1965 - Whether respondents should be ordered to buy out petitioners' shares

CLJ 2012 Volume 4 (Part 7)

COURT

COURT OF APPEAL

Amal Bakti Sdn Bhd & Ors v. Affin Merchant Bank (M) Bhd
Low Hop Bing, Alizatul Khair Osman, Anantham Kasinather JJCA
(Tort; Civil Procedure - Negligent misstatement - Duty of care - Whether advising bank in restructuring scheme owes duty to potential purchasers of shares) [2012] 4 CLJ 813 [CA]

Duta Wajar Sdn Bhd v. Pasukhas Construction Sdn Bhd & Anor
Hishamudin Mohd Yunus, Jeffrey Tan, Linton Albert JJCA
(Arbitration - Arbitration clause - Whether parties agreed to refer dispute to arbitration - Arbitration Act 2005, ss. 9(3) & 10) [2012] 4 CLJ 844 [CA]

HIGH COURT

Dr Quah Thong Sai v. Manonmoney Subramoney & Anor
John Louis O'Hara J
(Tort; Evidence; Civil Procedure - Medical negligence - Whether burden of proof on respondents to show that appellant failed to exercise reasonable care and skill - Whether appellant negligent) [2012] 4 CLJ 853 [HC]

Mohamad Rambli Kawi & Anor v. Khidmat Mantap Sdn Bhd & Ors
Rhodzariah Bujang JC
(Native Law And Custom - Land dispute - Whether transfer of native customary rights from Ibans to Malays is permissible by law and/or customs) [2012] 4 CLJ 864 [HC]

PP v. Mastor Ibrahim & Another Appeal
Ahmadi Asnawi J
(Criminal Law; Evidence - Corruption - Whether defence an afterthought - Whether accused under lawful arrest - Anti-Corruption Act 1997, ss. 10(a)(bb) & 42(1)) [2012] 4 CLJ 872 [HC]

Sai Kris Consultancy Sdn Bhd v. Autonas (Malaysia) Sdn Bhd
Mah Weng Kwai JC
(Company Law - Winding-up - Stay of winding-up order - Whether directors of respondent acted in breach of fiduciary duties) [2012] 4 CLJ 894 [HC]

Scandinavian Bunkering (Singapore) Pte Ltd v. MISC Bhd
Hanipah Farikullah JC
(Conflict Of Laws; Contract - Choice of law - Damages - Non-acceptance of goods by defaulting buyer) [2012] 4 CLJ 907 [HC]

SUBJECT INDEX

ARBITRATION

Arbitration clause - Existence of - Whether there was agreement in writing - Whether parties agreed to refer dispute to arbitration - Arbitration Act 2005, ss. 9(3) & 10
Duta Wajar Sdn Bhd v. Pasukhas Construction Sdn Bhd & Anor
(Hishamudin Mohd Yunus, Jeffrey Tan, Linton Albert JJCA) [2012] 4 CLJ 844 [CA]

CIVIL PROCEDURE

Appeal - Appeal against decision of Sessions Court - Whether appeal a re-hearing of the suit - Whether High Court has like powers and jurisdiction on hearing appeals as the Court of Appeal has on hearing appeals from High Court - Whether appellate court should interfere with Sessions Court's findings - Courts of Judicature Act 1964, s. 29
Dr Quah Thong Sai v. Manonmoney Subramoney & Anor
(John Louis O'Hara J) [2012] 4 CLJ 853 [HC]

Judgment - Consideration of unpleaded matters - Issues not pleaded as defences by defendants - Issues raised and decided upon by trial judge on own accord - Whether improper - Whether plaintiffs prejudiced - Whether judgment liable to be overturned on appeal
Amal Bakti Sdn Bhd & Ors v. Affin Merchant Bank (M) Bhd
(Low Hop Bing, Alizatul Khair Osman, Anantham Kasinather JJCA) [2012] 4 CLJ 813 [CA]

COMPANY LAW

Winding-up - Stay of winding-up order - Application by minority shareholders - Companies Act 1965, s. 243(1) - Respondent's failure to pay invoice - Whether invoice proved to be fictitious and fraudulent - Whether s. 218 notice and petition wrongly served at old office address - Whether respondent had due notice - Whether directors of respondent acted in breach of fiduciary duties - Whether there was conspiracy between petitioner and directors to wind-up respondent - Whether applicants failed to discharge onus to obtain order for stay
Sai Kris Consultancy Sdn Bhd v. Autonas (Malaysia) Sdn Bhd
(Mah Weng Kwai JC) [2012] 4 CLJ 894 [HC]

CONFLICT OF LAWS

Contract - Choice of law - Whether law applicable to both obligations and recoverability of damages
Scandinavian Bunkering (Singapore) Pte Ltd v. MISC Bhd
(Hanipah Farikullah JC) [2012] 4 CLJ 907 [HC]

CONTRACT

Damages - Assessment of - Non-acceptance of goods by defaulting buyer - Rule in Hadley v. Baxendale - Whether there was "available market" - Sale of Goods Act 1979 (UK), s. 50
Scandinavian Bunkering (Singapore) Pte Ltd v. MISC Bhd
(Hanipah Farikullah JC) [2012] 4 CLJ 907 [HC]

CRIMINAL LAW

Corruption - Corruptly receiving gratification - Whether accused discharged burden of proof - Whether defence were mere denials - Whether defence an afterthought - Whether presumption under s. 42(1) of the Anti-Corruption Act 1997 applied - Whether prosecution established case beyond reasonable doubt - Anti-Corruption Act 1997, ss. 10(a)(bb) & 42(1)
PP v. Mastor Ibrahim & Another Appeal
(Ahmadi Asnawi J) [2012] 4 CLJ 872 [HC]

Corruption - Offence of hindrance - Accused running away from custody - Whether delaying execution of duties of officers of Badan Pencegah Rasuah - Whether accused under lawful arrest at material time - Whether prosecution proved case against accused beyond reasonable doubt - Anti-Corruption Act 1997, s. 29(b)
PP v. Mastor Ibrahim & Another Appeal
(Ahmadi Asnawi J) [2012] 4 CLJ 872 [HC]

EVIDENCE

Burden of proof - Negligence - Appeal against decision of Sessions Court - Delivery of child conducted by appellant - Child suffered fracture of mid shaft of the right humerus and left brachial plexus injury during delivery - Whether appellant negligent - Whether burden of proof on respondents to show that appellant failed to exercise reasonable care and skill - Payremalu Veerappan v. Dr Amarjeet Kaur & Ors
Dr Quah Thong Sai v. Manonmoney Subramoney & Anor
(John Louis O'Hara J) [2012] 4 CLJ 853 [HC]

Cross-examination - Defence counsel's failure to cross-examine prosecution witnesses - Whether amounted to acceptance of testimony - Whether defence an afterthought - Whether prosecution witnesses creditworthy
PP v. Mastor Ibrahim & Another Appeal
(Ahmadi Asnawi J) [2012] 4 CLJ 872 [HC]

NATIVE LAW AND CUSTOM

Land dispute - Native customary rights - Plaintiffs claimed to have bought native customary rights land - Plaintiffs compensated by Government of Sarawak when parts of land acquired for public purpose and affected by road alignment - 1st defendant granted lease for disputed land - Whether transfer of native customary rights from Ibans to Malays is permissible by law and/or customs - Whether damages to be awarded if there was a valid transfer
Mohamad Rambli Kawi & Anor v. Khidmat Mantap Sdn Bhd & Ors
(Rhodzariah Bujang JC) [2012] 4 CLJ 864 [HC]

TORT

Negligence - Medical negligence - Appeal against decision of Sessions Court - Delivery of child conducted by appellant - Child suffered fracture of mid shaft of the right humerus and left brachial plexus injury during delivery - Whether appellant negligent - Whether burden of proof on respondents to show that appellant failed to exercise reasonable care and skill - Whether medical evidence adduced to establish delivery not conducted properly - Whether appellate court should interfere with quantum awarded - Whether Sessions Court judge erred in his decision - Payremalu Veerapan v. Dr Amarjeet Kaur & Ors
Dr Quah Thong Sai v. Manonmoney Subramoney & Anor
(John Louis O'Hara J) [2012] 4 CLJ 853 [HC]

Negligence - Negligent misstatement - Duty of care, scope and limit of - Economic loss - Test to be applied - Relationship of sufficient proximity - Whether advising bank in restructuring scheme owes duty to potential purchasers of shares - Whether bank knew its statements would be relayed to and relied on by investors - Duty to ensure accuracy of statements and independence of source - Whether duty of care discharged
Amal Bakti Sdn Bhd & Ors v. Affin Merchant Bank (M) Bhd
(Low Hop Bing, Alizatul Khair Osman, Anantham Kasinather JJCA) [2012] 4 CLJ 813 [CA]

Negligence - Negligent misstatement - Economic loss - Duty of care - Standard of care - Whether satisfied - Duty owed to share investors by advising bank in restructuring scheme - Duty to use care in making statements and announcements - Whether sufficient for bank to rely on report of due diligence working group and information given by company's directors - Whether information must be verified independently - Duty of reasonable enquiry
Amal Bakti Sdn Bhd & Ors v. Affin Merchant Bank (M) Bhd
(Low Hop Bing, Alizatul Khair Osman, Anantham Kasinather JJCA) [2012] 4 CLJ 813 [CA]

Legal Network Series Articles

1. SEEKING SAFETY - THE WHOLE PICTURE ^{[Read excerpt]}
    BY: SIR NICHOLAS WALL [2012] 1 LNS(A) xliv

Principal Acts

Amending Acts

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