Bulletin_31

CLJ Bulletin, Issue 2011, Vol 31

12 August 2011

CLJ Law Malaysia

http://www.cljlaw.com

Introduction:
To get the most out of this law bulletin join CLJ Law Online now - http://www.cljlaw.com/?page=subscription
Feel free to forward this to your colleagues. Get this bulletin as email by going to http://www.cljlaw.com/?page=bulletinsubscribe

New This Week	1. Legislation Highlights
	2. Articles
	a) Legal Network Series Articles
	3. Latest Cases
	a) Legal Network Series
	b) CLJ Volume 6 (Part 2) 2011

1. Legislation Highlights

Principal Acts

NUMBER
TITLE

DATE COMING INTO FORCE

REPEALING

ACT 723 Price Control And Anti-Profiteering Act 2011 1 April 2011 [PU(B) 146/2011] - Nil -

ACT 724 National Visual Arts Development Board Act 2011 Not Yet In Force - Nil -

ACT 725 Renewable Energy Act 2011 Not Yet In Force - Nil -

ACT 726 Sustainable Energy Development Authority Act 2011 Not Yet In Force - Nil -

ACT 727 Food Analysts Act 2011 Not Yet In Force - Nil -

Amending Acts

NUMBER
TITLE

DATE COMING INTO FORCE

AMENDING

ACT A1391 Road Transport (Amendment) Act 2011 31 January 2011 [PU(B) 37/2011] ACT 333

ACT A1392 Supplementary Supply (2010) Act 2011 3 June 2011 ACT A1361

ACT A1393 Merchant Shipping (Amendment And Extension) Act 2011 Not Yet In force ORD 70/1952

ACT A1394 Merchant Shipping (Oil Pollution) (Amendment) Act 2011 Not Yet In force ACT 515

ACT A1395 Arbitration (Amendment) Act 2011 1 July 2011 [PU(B) 342/2011] ACT 646

PU(A)

NUMBER TITLE DATE COMING INTO FORCE
PRINCIPAL ACT NO

PU(A) 254/2011
Wages Councils (Wages Regulation Order) (Statutory Minimum Remuneration Of Private Security Guard In Sarawak And Sabah) Order 2011
29 July 2011 ACT 195

PU(A) 255/2011 Customs (Values) (Palm Oil) (No 31) Order 2011 1 August 2011 ACT 235

PU(A) 256/2011 Customs (Values) (Palm Kernel) (No 8) Order 2011 1 August 2011 ACT 235

PU(A) 257/2011 Syariah Court Civil Procedure (Fees) (Federal Territories) Rules 2011 1 August 2011 ACT 585

PU(A) 258/2011 Syariah Court Civil Procedure (Costs And Allowances) (Federal Territories) Rules 2011 2 August 2011 ACT 585

PU(B)

NUMBER TITLE DATE COMING INTO FORCE
PRINCIPAL ACT NO

PU(B) 403/2011 Notice Of Intention To Designate Site As Heritage Site 1 August 2001 ACT 645

PU(B) 404/2011 Notice Of Intention To Designate Site As Heritage Site 1 August 2001 ACT 645

PU(B) 405/2011 Notice Of Intention To Designate Site As Heritage Site 1 August 2001 ACT 149

PU(B) 406/2011 Appointment Of Lock-Ups To Be Places Of Confinement 3 August 2001 ACT 537

PU(B) 407/2011 Appointment Of Lock-Ups To Be Places Of Confinement 3 August 2001 ACT 56/1965

2. Articles

a) Legal Network Series Articles

1. The Plea Of Insanity And Diminished Responsibility Under The Malaysian And The English Criminal Law: A Comparative Approach* ^{[Read
excerpt]}
By Anita Abdul Rahim**

2. Community Confidence, The Magistracy And The Right To A Fair Trial* ^{[Read excerpt]}
By Nicholas Moss, JP, Lecture To University Of Hertfordshire School Of Law, St Albans

3. Latest Cases

a) Legal Network Series

CITATION TITLE SUBJECT

[2009] 1 LNS 1018 [HC] Osman Daud v. Asal Bina Sdn Bhd

CIVIL PROCEDURE: Striking out - Abuse of process of court - Appeal against striking out of plaintiff's claim - Allegation that plaintiff commenced litigation against defendant in instalments - Whether principle of res judicata in its wider sense ie, action estoppel, applicable - Whether special circumstances shown why claim could not by reasonable diligence have been adduced in earlier proceedings - Whether plaintiffs claim an abuse of process

[2009] 1 LNS 1032 [HC] Bina Puri Sdn Bhd v. MUI Continental Insurance Berhad

INSURANCE: Contractors' all risks policy - Claim for loss and damage - Burden of proof - Damage to Contract Work under Section 1 of Policy - Whether burden lay on plaintiff to show that damage suffered was 'sudden and unforeseeable' or on defendant to establish that it was 'not sudden and was foreseeable'

INSURANCE: Contractors' all risks policy - Claim for loss and damage - Cause of loss and damage to Contract Work under Section 1 of Policy - Whether due to heavy rainfall or wrong choice of a retaining wall and incorrect installation of ground anchors - Whether cause of loss and damage fell within terms of Policy as being 'sudden and unforeseeable' - Whether Special Exclusion to Section 1 of Policy excluding insurer from liability applicable

INSURANCE: Contractors' all risks policy - Claim for loss and damage - Cause of third party loss and damage under Section II of Policy - Whether due to heavy rainfall or wrong choice of retaining wall and pressure grouting at an injection pressure exceeding self-weight of soil - Whether Endorsement 120 of Policy, namely loss or damage caused by vibration or removal or weakening of support, applied to plaintiff's claim for third party damage

[2009] 1 LNS 1068 [HC] PP v. Joseph Che Suan

CRIMINAL LAW: Penal Code - s. 300 - Murder - Whether prima facie case established by prosecution - Accused choosing to remain silent - Whether prosecution proved charge of murder against accused beyond reasonable doubt

CRIMINAL PROCEDURE: Prosecution - Prima facie case - Meaning of "prima facie case" in context of a criminal case - Maximum evaluation of evidence - Whether involved 'beyond reasonable doubt' test

[2009] 1 LNS 1069 [HC] CIMB Bank Berhad v. Mangium Sawmill Sdn Bhd & Ors

CIVIL PROCEDURE: Summary judgment - Application for - Guarantee - Legal effect of certificate of indebtedness - Judgments entered against principal debtor and other guarantors - Whether triable issues raised

CONTRACT: Guarantee - Validity of - Allegation that corporate guarantee defective as not dated and common seal not affixed - Whether date of stamping could be treated as date of corporate guarantee - Whether guarantee constituted a binding agreement between plaintiff and 2^nd defendant whether or not it was dated

[2009] 1 LNS 1070 [HC] Lawrence KL Chin v. Sri Somaha (S) Sdn Bhd

CONTRACT: Breach - Terms - Obligation to certify defendant's claims for expenditures - Defendant maintained plaintiff repudiated memorandum of agreement (MOA) in refusing to certify defendant's claims for expenditures - No express provision in MOA requiring plaintiff to certify defendant's claim for expenses other than construction costs - Whether there was an express or implied duty on plaintiff to certify all claims for expenditure incurred by defendant other than construction costs

CONTRACT: Construction of terms of contract - Plaintiff's professional fees to be paid as and when claims by defendant to the bank were paid - Whether memorandum of agreement was an entire contract - Whether plaintiff entitled to claim for works done

TORT: Negligence - Professional negligence - Whether plaintiff was in breach of his contract of engagement and/or negligent in the discharge of his duties and professional services

CITATION	TITLE	SUBJECT
[2009] 1 LNS 1018 [HC]	Osman Daud v. Asal Bina Sdn Bhd	CIVIL PROCEDURE: Striking out - Abuse of process of court - Appeal against striking out of plaintiff's claim - Allegation that plaintiff commenced litigation against defendant in instalments - Whether principle of res judicata in its wider sense ie, action estoppel, applicable - Whether special circumstances shown why claim could not by reasonable diligence have been adduced in earlier proceedings - Whether plaintiffs claim an abuse of process
[2009] 1 LNS 1032 [HC]	Bina Puri Sdn Bhd v. MUI Continental Insurance Berhad	INSURANCE: Contractors' all risks policy - Claim for loss and damage - Burden of proof - Damage to Contract Work under Section 1 of Policy - Whether burden lay on plaintiff to show that damage suffered was 'sudden and unforeseeable' or on defendant to establish that it was 'not sudden and was foreseeable' INSURANCE: Contractors' all risks policy - Claim for loss and damage - Cause of loss and damage to Contract Work under Section 1 of Policy - Whether due to heavy rainfall or wrong choice of a retaining wall and incorrect installation of ground anchors - Whether cause of loss and damage fell within terms of Policy as being 'sudden and unforeseeable' - Whether Special Exclusion to Section 1 of Policy excluding insurer from liability applicable INSURANCE: Contractors' all risks policy - Claim for loss and damage - Cause of third party loss and damage under Section II of Policy - Whether due to heavy rainfall or wrong choice of retaining wall and pressure grouting at an injection pressure exceeding self-weight of soil - Whether Endorsement 120 of Policy, namely loss or damage caused by vibration or removal or weakening of support, applied to plaintiff's claim for third party damage
[2009] 1 LNS 1068 [HC]	PP v. Joseph Che Suan	CRIMINAL LAW: Penal Code - s. 300 - Murder - Whether prima facie case established by prosecution - Accused choosing to remain silent - Whether prosecution proved charge of murder against accused beyond reasonable doubt CRIMINAL PROCEDURE: Prosecution - Prima facie case - Meaning of "prima facie case" in context of a criminal case - Maximum evaluation of evidence - Whether involved 'beyond reasonable doubt' test
[2009] 1 LNS 1069 [HC]	CIMB Bank Berhad v. Mangium Sawmill Sdn Bhd & Ors	CIVIL PROCEDURE: Summary judgment - Application for - Guarantee - Legal effect of certificate of indebtedness - Judgments entered against principal debtor and other guarantors - Whether triable issues raised CONTRACT: Guarantee - Validity of - Allegation that corporate guarantee defective as not dated and common seal not affixed - Whether date of stamping could be treated as date of corporate guarantee - Whether guarantee constituted a binding agreement between plaintiff and 2^nd defendant whether or not it was dated
[2009] 1 LNS 1070 [HC]	Lawrence KL Chin v. Sri Somaha (S) Sdn Bhd	CONTRACT: Breach - Terms - Obligation to certify defendant's claims for expenditures - Defendant maintained plaintiff repudiated memorandum of agreement (MOA) in refusing to certify defendant's claims for expenditures - No express provision in MOA requiring plaintiff to certify defendant's claim for expenses other than construction costs - Whether there was an express or implied duty on plaintiff to certify all claims for expenditure incurred by defendant other than construction costs CONTRACT: Construction of terms of contract - Plaintiff's professional fees to be paid as and when claims by defendant to the bank were paid - Whether memorandum of agreement was an entire contract - Whether plaintiff entitled to claim for works done TORT: Negligence - Professional negligence - Whether plaintiff was in breach of his contract of engagement and/or negligent in the discharge of his duties and professional services

a. CLJ Volume 6 (Part 2) 2011

COURT

FEDERAL COURT

Upmarket Development Sdn Bhd v. Sriera Development Sdn Bhd
Alauddin Mohd Shariff PCA, Raus Sharif, Abdull Hamid Embong FCJJ
(Land Law - Private caveat - National Land Code, s. 322(1)) [2011] 6 CLJ 137 [FC]

COURT OF APPEAL

Am Finance Bhd v. Ng Thiam Seng & Anor
Zainun Ali, Ramly Ali, Azhar Ma'ah JJCA
(Civil Procedure - Disposal of action without trial) [2011] 6 CLJ 150 [CA]

Aszahaddi Abu Hassan lwn. PP
Suriyadi Halim Omar, Hasan Lah, Ahmad Maarop HHMR
(Keterangan; Undang-Undang Jenayah - Saksi - Mengedar 4,562 gram cannabis) [2011] 6 CLJ 155 [CA]

Berjaya Times Square Sdn Bhd v. Yap Sing Lee & Anor
Tengku Baharudin Shah, KN Segara, Sulong Matjeraie JJCA
(Contract - Sale and purchase of property) [2011] 6 CLJ 180 [CA]

Uniphone Telecommunications Bhd v. Bridgecon Engineering Sdn Bhd & Anor
Low Hop Bing, Hishamudin Mohd Yunus, Syed Ahmad Helmy JJCA
(Civil Procedure; Contract - Summary judgment - Breach of contract) [2011] 6 CLJ 189 [CA]

HIGH COURT

Dato' Zahari Sulaiman v. Genneva Sdn Bhd
Mohamad Ariff Yusof J
(Civil Procedure; Statutory Interpretation - Summary judgment - Rules of construction) [2011] 6 CLJ 219 [HC]

Harpal Singh Grewal v. Lembaga Tatatertib Peguam-Peguam & Anor
Mohd Zawawi Salleh J
(Legal Profession - Disciplinary proceedings) [2011] 6 CLJ 225 [HC]

Pengurusan Projek Daya Sdn Bhd & Anor v. Konsortium Lapangan Terjaya Bhd
Hasnah Mohammed Hashim JC
(Contract - Oral agreement - Damages) [2011] 6 CLJ 246 [HC]

The Government Of Malaysia v. Diamond League Sdn Bhd
Rhodzariah Bujang JC
(Civil Procedure; Limitation; Revenue Law - Income tax - Assessment) [2011] 6 CLJ 267 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Disposal of action without trial - Disposal of case on point of law - Appeal against - Fact in dispute - Whether full trial warranted - Rules of the High Court 1980, O. 14A
Am Finance Bhd v. Ng Thiam Seng & Anor
(Zainun Ali, Ramly Ali, Azhar Ma'ah JJCA) [2011] 6 CLJ 150 [CA]

Limitation of action - Recovery of tax - Application by defendant to strike out plaintiff's claim for balance of unpaid tax for years of assessment 1997-1999 inclusive of penalty for failure to pay within prescribed time - Whether claim statute-barred under Limitation Ordinance (Cap 49) (Sarawak) - Doctrine of crown immunity - Whether Ordinance applies to recovery of taxes by Government - Limitation Act 1953, proviso to s. 33(1) - Sarawak Interpretation Ordinance, s. 3(15)
The Government Of Malaysia v. Diamond League Sdn Bhd
(Rhodzariah Bujang JC) [2011] 6 CLJ 267 [HC]

Summary judgment - Appeal against - Breach of contract - Defendant withholding payment payable under deed of assignment - Whether defendant entitled to withhold payment - No triable issues raised - Plaintiff's claim plain and obvious - Rules of the High Court 1980, O. 14
Uniphone Telecommunications Bhd v. Bridgecon Engineering Sdn Bhd & Anor
(Low Hop Bing, Hishamudin Mohd Yunus, Syed Ahmad Helmy JJCA) [2011] 6 CLJ 189 [CA]

Summary judgment - Application for - Claim for amount outstanding under contract of sale - "Seizure orders" under s. 50(1) Anti-Money Laundering and Anti-Terrorism Financing Act 2001 - Whether s. 54(3) presents an absolute bar to commencement of any civil action, suit or other proceedings whether it relates directly or indirectly to property seized under Act - Interpretation of said provision - Striking out - Interpretation Acts 1948 and 1967, s. 17A - Rules of the High Court 1980, O. 18 r. 19(1)(b), (d) - Anti-Money Laundering and Anti-Terrorism Financing Act 2001, ss. 50(1), 54(3)
Dato' Zahari Sulaiman v. Genneva Sdn Bhd
(Mohamad Ariff Yusof J) [2011] 6 CLJ 219 [HC]

CONTRACT

Breach - Default in payment - Deed of assignment executed by defendant undertaking to pay certain monies to plaintiff - Payment linked to works done under a turnkey contract - Monies to be paid by defendant within 18 months of issuance of certificate of practical completion - Defendant refusing to pay monies due alleging defects in works done - Whether monies payable by defendant amounted to a retention sum - Whether defendant in breach in refusing to pay
Uniphone Telecommunications Bhd v. Bridgecon Engineering Sdn Bhd & Anor
(Low Hop Bing, Hishamudin Mohd Yunus, Syed Ahmad Helmy JJCA) [2011] 6 CLJ 189 [CA]

Construction of terms of contract - Conditional contract - Plaintiffs' appointment as project manager and engineering consultant - Whether this was subject to signing of appropriate agreements - Whether appropriate contract agreements were executed - Whether plaintiffs' appointment letter stipulated such condition - Whether plaintiffs accepted such condition - Whether defendant enjoyed benefits of work done by plaintiffs
Pengurusan Projek Daya Sdn Bhd & Anor v. Konsortium Lapangan Terjaya Bhd
(Hasnah Mohammed Hashim JC) [2011] 6 CLJ 246 [HC]

Damages - Loss of profit - Whether oral agreement existed between plaintiffs and defendant - Whether privity of contract existed - Plaintiffs' appointment as project manager and engineering consultant - Whether this was subject to signing of appropriate agreements - Whether appropriate contract agreements were executed - Whether defendant enjoyed benefits of work done by plaintiffs
Pengurusan Projek Daya Sdn Bhd & Anor v. Konsortium Lapangan Terjaya Bhd
(Hasnah Mohammed Hashim JC) [2011] 6 CLJ 246 [HC]

Oral agreement - Existence of oral agreement - Whether plaintiffs to prove - Whether there was specific evidence on where and when oral agreement entered - Whether plaintiffs called parties who agreed to terms of oral agreement as witness - Whether there was evidence of terms of oral agreement - Whether privity of contract existed
Pengurusan Projek Daya Sdn Bhd & Anor v. Konsortium Lapangan Terjaya Bhd
(Hasnah Mohammed Hashim JC) [2011] 6 CLJ 246 [HC]

Sale and purchase of property - Sale and purchase agreement - Delay in completion - Claim by plaintiffs for liquidated damages - Termination of agreement by defendant - Whether wrongful - Whether plaintiffs had right to specific performance - Whether liquidated damages immediately payable to plaintiffs by virtue of cl. 22(2) of agreement
Berjaya Times Square Sdn Bhd v. Yap Sing Lee & Anor
(Tengku Baharudin Shah, KN Segara, Sulong Matjeraie JJCA) [2011] 6 CLJ 180 [CA]

LAND LAW

Caveats - Private caveat - Caveat forms - Caveator claiming title and/or interest in respect of a certain portion of land - Whether caveator must expressly state in Form 19B that caveat to bind only that part of land - Whether caveat defective in form and substance - Liberal and progressive approach - Balance of justice - Status quo - National Land Code, s. 322(1)
Upmarket Development Sdn Bhd v. Sriera Development Sdn Bhd
(Alauddin Mohd Shariff PCA, Raus Sharif, Abdull Hamid Embong FCJJ) [2011] 6 CLJ 137 [FC]

LEGAL PROFESSION

Disciplinary proceedings - Complaint - Complaint against advocate and solicitor for misappropriation of client's funds - Settlement reached between solicitor and client - Whether complaint withdrawn - Whether procedure for withdrawal of complaint mandatory - Effect of non-compliance with procedure - Legal Profession (Disciplinary Proceedings) Rules, r. 7
Harpal Singh Grewal v. Lembaga Tatatertib Peguam-Peguam & Anor
(Mohd Zawawi Salleh J) [2011] 6 CLJ 225 [HC]

Disciplinary proceedings - Disciplinary Board (DB) - Appeal against decision of DB - Whether DB had made a decision on the merits of the complaint - Whether decision of DB to direct a formal investigation by Disciplinary Committee is appealable - Legal Profession Act 1976 - Legal Profession Amendment Act 2006
Harpal Singh Grewal v. Lembaga Tatatertib Peguam-Peguam & Anor
(Mohd Zawawi Salleh J) [2011] 6 CLJ 225 [HC]

Disciplinary proceedings - Disciplinary Board (DB) - Complaint against advocate and solicitor for misappropriation of client's funds - Investigation Tribunal recommending complaint to be dismissed due to settlement reached between solicitor and client - DB nevertheless constituting a Disciplinary Committee (DC) to investigate the complaint - Whether complaint withdrawn - Whether DB mandatorily obliged to strike out complaint - Whether the DB's decision to constitute a DC was proper - Whether breach of natural justice proven - Legal Profession Act 1976, ss. 102(2) and 103B - Legal Profession (Disciplinary Proceedings) Rules, r. 7
Harpal Singh Grewal v. Lembaga Tatatertib Peguam-Peguam & Anor
(Mohd Zawawi Salleh J) [2011] 6 CLJ 225 [HC]

Disciplinary proceedings - Procedure - Appeal against decision of Disciplinary Board to convene a Disciplinary Committee to investigate complaint - Whether amended appeal procedure under Legal Profession Amendment Act 2006 applicable
Harpal Singh Grewal v. Lembaga Tatatertib Peguam-Peguam & Anor
(Mohd Zawawi Salleh J) [2011] 6 CLJ 225 [HC]

LIMITATION

Revenue - Income tax - Application by defendant to strike out plaintiff's claim for balance of unpaid tax for years of assessment 1997-1999 inclusive of penalty for failure to pay within prescribed time - Whether claim statute-barred under Limitation Ordinance (Cap 49) (Sarawak) - Doctrine of crown immunity - Whether Ordinance applies to recovery of taxes by Government - Limitation Act 1953, proviso to s. 33(1) - Sarawak Interpretation Ordinance, s. 3(15)
The Government Of Malaysia v. Diamond League Sdn Bhd
(Rhodzariah Bujang JC) [2011] 6 CLJ 267 [HC]

REVENUE LAW

Income tax - Assessment - Application by defendant to strike out plaintiff's claim for balance of unpaid tax for years of assessment 1997-1999 inclusive of penalty for failure to pay within prescribed time - Whether claim statute-barred under Limitation Ordinance (Cap 49) (Sarawak) - Doctrine of crown immunity - Whether Ordinance applies to recovery of taxes by Government - Limitation Act 1953, proviso to s. 33(1) - Sarawak Interpretation Ordinance, s. 3(15)
The Government Of Malaysia v. Diamond League Sdn Bhd
(Rhodzariah Bujang JC) [2011] 6 CLJ 267 [HC]

STATUTORY INTERPRETATION

Construction of statutes - Rules of construction - Whether s. 54(3) Anti-Money Laundering and Anti-Terrorism Financing Act 2001 presents an absolute bar to commencement of any civil action, suit or other proceedings whether it relates directly or indirectly to property seized under Act - Fundamental right of a citizen to resort to court process and access to justice - Interpretation Acts 1948 and 1967, s. 17A
Dato' Zahari Sulaiman v. Genneva Sdn Bhd
(Mohamad Ariff Yusof J) [2011] 6 CLJ 219 [HC]

INDEKS PERKARA

KETERANGAN

Saksi - Kegagalan memanggil saksi tertentu - Akta Keterangan 1950, s. 114(g) - Sama ada terpakai - Sama ada terdapat penyembunyian keterangan - Budibicara pendakwaan dalam memanggil saksi-saksi - Sama ada 'adverse inference' terpakai
Aszahaddi Abu Hassan lwn. PP
(Suriyadi Halim Omar, Hasan Lah, Ahmad Maarop HHMR) [2011] 6 CLJ 155 [CA]

UNDANG-UNDANG JENAYAH

Akta Dadah Berbahaya 1952 - Seksyen 39B(1)(a) - Pengedaran - Mengedar 4,562 gram cannabis - Rayuan terhadap sabitan dan hukuman - Sama ada beban pembuktian yang salah digunakan di akhir kes pendakwaan - Sama ada pihak pendakwaan gagal membuktikan kes prima facie - Sama ada pihak pendakwaan gagal memanggil saksi penting - Sama ada terdapat percanggahan material dalam keterangan saksi pendakwaan - Sama ada hakim gagal menimbangkan pembelaan dengan sewajarnya - Sama ada pemilikan dan pengetahuan tentang dadah dibuktikan - Sama ada anggapan di bawah s. 37(da) ADB terpakai - Sama ada pihak pendakwaan membuktikan kes terhadap tertuduh melampaui keraguan munasabah
Aszahaddi Abu Hassan lwn. PP
(Suriyadi Halim Omar, Hasan Lah, Ahmad Maarop HHMR) [2011] 6 CLJ 155 [CA]

CASE OF THE WEEK

AMBANK (M) BHD v. LUQMAN KAMIL MOHAMMED DON

BANKING: Banks and banking business - Banking facilities agreement - Claim by appellant bank against guarantor - Appellant's case pleaded upon a trust receipt facility - Whether appellant departed from its pleaded case - Actual or contingent debt - Whether guarantor effectively discharged from any liability

CIVIL PROCEDURE: Pleadings - Parties to action bound by own pleadings - Claim by appellant bank against guarantor - Appellant's case pleaded upon a trust receipt facility - Whether appellant departed from its pleaded case

CONTRACT: Guarantee - Demand for payment - Banking facilities agreement - Claim by appellant bank against guarantor - Appellant's case pleaded upon a trust receipt facility - Whether appellant departed from its pleaded case - Actual or contingent debt - Whether guarantor effectively discharged from any liability

CLJ Bulletin
To Subscribe/Unsubscribe go to http://www.cljlaw.com/?page=bulletinsubscribe

NUMBER	TITLE	DATE COMING INTO FORCE	REPEALING
ACT 723	Price Control And Anti-Profiteering Act 2011	1 April 2011 [PU(B) 146/2011]	- Nil -
ACT 724	National Visual Arts Development Board Act 2011	Not Yet In Force	- Nil -
ACT 725	Renewable Energy Act 2011	Not Yet In Force	- Nil -
ACT 726	Sustainable Energy Development Authority Act 2011	Not Yet In Force	- Nil -
ACT 727	Food Analysts Act 2011	Not Yet In Force	- Nil -