Legal Network Series

LNS_2009_1_1750	OOI JUAN SENG v. PP	CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Whether court below erred in not ruling that confession made to SP1 was given as a result of an inducement exercised by SP1 on appellant - Whether court below correct in finding that confession was given voluntarily and admissible as evidence against appellant - Whether charge for abetment by aiding against appellant could be sustained - Whether Sessions Court judge correct in convicting appellant - Whether Session Court Judge erred on application of sentencing principles to facts CRIMINAL LAW: Penal Code - s. 107 - Abetment - Whether appellant committed offence of abetment by way of aiding - Whether an offence of abetment by conspiracy committed by appellant - Penal Code, s. 107, 409 EVIDENCE: Confession - Admissible confession - Admitted by court below as found to be given voluntarily - Whether SP1 was a person in authority in relation to appellant - Whether any inducement exercised by SP1 on appellant during interview which brought about confession
LNS_2009_1_1751	PP v. MOHD HARMIZI CHE ARIFIN	CRIMINAL PROCEDURE: Prosecution - Prosecution's case - Prima facie case - Effect of evidence adduced by prosecution - Operation of presumption under Dangerous Drugs Act 1952, s. 37(da) - Whether Prosecution established a prima facie case against accused CRIMINAL PROCEDURE: Prosecution - Prosecution's case - Whether prosecution succeeded in proving its case against accused beyond reasonable doubt CRIMINAL PROCEDURE: Defence - Calling of defence of accused - Accused's version at odds with that of prosecution's - Contended that seized drugs was not his but a friend's who had left it behind after sleeping the night in his room - Whether a reasonable doubt raised on issue of possession - Whether accused rebutted presumption of trafficking against him - Whether defence created a reasonable doubt in prosecution's case
LNS_2009_1_1756	KFC HOLDINGS (MALAYSIA) BHD v. YOONG NIM CHOR	CIVIL PROCEDURE: Striking out - Statement of Claim - Action - Claim for non-disclosure of interest by defendant as director of plaintiff company - Whether plain and obvious case to be struck out - Whether action against defendant should be struck out COMPANIES AND CORPORATIONS: Directors - Duty to declare interest - Tabling of defendant's curriculum vitae at board meeting - Whether there was proper disclosure of defendant's interest - Whether defendant complied with s. 131 of the Companies Act 1965 and Articles of Association COMPANIES AND CORPORATIONS: Directors - Fiduciary duty - Issue on stake holding - Whether any evidence to support plaintiff's claim that due to stake holding, defendant in breach of his fiduciary duty and had not acted in plaintiff's best interest
LNS_2010_1_200	AMERICAN INTERNATIONAL ASSURANCE BHD v. COORDINATED SERVICES L DESIGN SDN BHD	COMPANIES AND CORPORATIONS: Winding up - Fire Insurance policy taken by defendant from plaintiff after defendant wound up - Whether Company barred from taking insurance policy - Whether policy for benefit of Company - Whether transaction a matter for liquidator to accept or reject COMPANIES AND CORPORATIONS: Winding up - Stay of winding up order granted - Application to set aside stay order - Whether stay order obtained in breach of Companies Act 1965, s. 243(1) - Whether stay order in excess of winding-up court's jurisdiction - Whether stay order obtained in breach of natural justice
LNS_2011_1_426	BAKAT RAYA SDN BHD v. JOPAMI SDN BHD	CONTRACT: Breach - Whether breach proved - Defendant's deduction of sum from plaintiff's share of profit - No complaint from plaintiff - Plaintiff allowed defendant's continuous tax deduction from plaintiff's share of the profit for duration of project - Whether deductions made with plaintiff's consent and knowledge and for purpose of payment of tax CONTRACT: Estoppel - Final profit contribution certificates - Whether constituted final and conclusive evidence that upon defendant's payment, plaintiff would not make any claim against defendant - Whether defendant discharged from any liability to pay plaintiff claimed sum - Whether plaintiff estopped from raising issue of defendant's unauthorized and wrongful tax deduction on their profit

CLJ 2012 Volume 4 (Part 8)

COURT

COURT OF APPEAL

Kopeks Holdings Sdn Bhd v. Bank Islam Malaysia Bhd
Sulaiman Daud, Syed Ahmad Helmy, Aziah Ali JJCA
(Banking; Contract - Banks and banking business - Islamic banking - Al-Istisna') [2012] 4 CLJ 941 [CA]

HIGH COURT

GH-USA Valve Co v. Techno Rada Sdn Bhd
Stephen Chung JC
(Civil Procedure - Cost - Security for costs - Application for) [2012] 4 CLJ 951 [HC]

Goh Hock Hai v. Eon Bank Bhd
Varghese George J
(Civil Procedure; Evidence - Abuse of process - Setting aside of judgment - Impeachment of judgment - Allegation of fraud in obtaining judgment) [2012] 4 CLJ 956 [HC]

Ismeca Malaysia Sdn Bhd v. Micheal Gerard Peterson & Ors
Ahmad Nasfy Yasin JC
(Contract - Breach - Confidentiality agreement) [2012] 4 CLJ 973 [HC]

Khor Peng Chai & Ors v. Bank Negara Malaysia & Anor
Mohd Zawawi Salleh J
(Administrative Law - Remedies - Certiorari, application for - To quash decision of first respondent in issuing freezing notices pursuant to s. 44 Anti-Money Laundering Act 2001 (AMLA)) [2012] 4 CLJ 987 [HC]

Malaysia Plastics Sdn Bhd v. United Overseas Bank (Malaysia) Bhd
Nallini Pathmanathan J
(Banking; Civil Procedure - Banker and customer - Forgery - Banks sued by plaintiffs for paying out on forged cheques and forged letters of instruction ('LOIs') for telegraphic transfers - Estoppel - Characteristics of) [2012] 4 CLJ 997 [HC]

TL Mac Motorsport Sdn Bhd v. Mitsubishi Motors Malaysia Sdn Bhd
Lee Swee Seng JC
(Contract; Guarantee - Bank guarantee - Contracts Act 1950, s. 74(1)) [2012] 4 CLJ 1064 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Remedies - Certiorari, application for - To quash decision of first respondent in issuing freezing notices pursuant to s. 44 Anti-Money Laundering Act 2001 (AMLA) - Whether decisions made under statutory body reviewable under O. 53 Rules of the High Court 1980 - Whether court slow to interfere with enforcement matter of statutory body - Whether s. 44 AMLA part of investigation of crimes in administration of criminal justice in Malaysia - Whether wrong to interfere with first respondent's power to investigate offences under s. 4(1) AMLA - Whether leave granted
Khor Peng Chai & Ors v. Bank Negara Malaysia & Anor
(Mohd Zawawi Salleh J) [2012] 4 CLJ 987 [HC]

BANKING

Banker and customer - Forgery - Banks sued by plaintiffs for paying out on forged cheques and forged letters of instruction ('LOIs') for telegraphic transfers - Disputed cheques and LOIs verified good for payment by plaintiffs' accounts executive - Executive not authorised to verify cheques but regularly did so - Executive exercised unsupervised control over plaintiffs' banking activities - Whether plaintiffs estopped from denying executive authorised to verify disputed cheques and LOIs - Whether plaintiffs' conduct contributed to forgery - Bills of Exchange Act 1949, ss. 24 and 73A
Malaysia Plastics Sdn Bhd v. United Overseas Bank (Malaysia) Bhd
(Nallini Pathmanathan J) [2012] 4 CLJ 997 [HC]

Banks and banking business - Islamic banking - Al-Istisna' banking facilities - Whether facilities offered consistent with concept of Al-Istisna' Sale Agreement - Whether conditions essential for completion of transaction - Whether transaction rendered incomplete for failure to comply with conditions
Kopeks Holdings Sdn Bhd v. Bank Islam Malaysia Bhd
(Sulaiman Daud, Syed Ahmad Helmy, Aziah Ali JJCA) [2012] 4 CLJ 941 [CA]

CIVIL PROCEDURE

Abuse of process - Setting aside of judgment - Whether fraud alleged in obtaining judgment proved - Whether striking out application allowed - Evidence Act 1950, s. 44 - Rules of the High Court 1980, O. 18 r. 19(1)(b), (d)
Goh Hock Hai v. Eon Bank Bhd
(Varghese George J9) [2012] 4 CLJ 956 [HC]

Costs - Security for costs - Application for - Plaintiff company incorporated in USA - Whether plaintiff a foreign company and had no asset within jurisdiction - Whether claim within guideline and not oppressive - Compagnie Generale Des Eaux v. Compagnie Generale Des Eaux Sdn Bhd
GH-USA Valve Co v. Techno Rada Sdn Bhd
(Stephen Chung JC) [2012] 4 CLJ 951 [HC]

Estoppel - Banks and banking business - Characteristics of - Whether there was a clear and direct representation from plaintiffs to banks to the effect that subject cheques and LOIs were good to be honoured - Bills of Exchange Act 1949, s. 24
Malaysia Plastics Sdn Bhd v. United Overseas Bank (Malaysia) Bhd
Nallini Pathmanathan J) [2012] 4 CLJ 997 [HC]

Judgment - Impeachment of judgment - Allegation of fraud in obtaining judgment - Whether proved - Whether sufficient grounds for setting aside - Evidence Act 1950, s. 44
Goh Hock Hai v. Eon Bank Bhd
(Varghese George J9) [2012] 4 CLJ 956 [HC]

CONTRACT

Agreement - Facility agreement - Offer for banking facilities - Whether subject to compliance of conditions precedent - Whether formal contract executed - Whether there was concluded contract
Kopeks Holdings Sdn Bhd v. Bank Islam Malaysia Bhd
(Sulaiman Daud, Syed Ahmad Helmy, Aziah Ali JJCA) [2012] 4 CLJ 941 [CA]

Breach - Confidentiality agreement - Defendants former employees of plaintiff - Plaintiff's drawings claimed to have been used by defendants as their own work - Major similarities between drawings from both parties - Plaintiff claimed breach of confidential information - Whether drawings confidential in nature - Whether disputed copied drawings belonged to plaintiff - Whether defendants had access to disputed drawings
Ismeca Malaysia Sdn Bhd v. Micheal Gerard Peterson & Ors
(Ahmad Nasfy Yasin JC) [2012] 4 CLJ 973 [HC]

Guarantee - Bank guarantee - Call on bank guarantee by distributor of motor vehicles upon dealer's non-payment for vehicles ordered within three days - Contract stipulating 3-day payment requirement but parties in practice dealing on 7-day payment requirement failing which vehicles redistributed to other dealers - Whether distributor reverting to 3-day payment requirement reasonable - Whether call on bank guarantee proper - Contracts Act 1950, s. 74(1)
TL Mac Motorsport Sdn Bhd v. Mitsubishi Motors Malaysia Sdn Bhd
(Lee Swee Seng JC) [2012] 4 CLJ 1064 [HC]

EVIDENCE

Judgment - Impeachment of judgment - Fraud alleged in obtaining judgment - Whether proved - Whether sufficient grounds for setting aside - Evidence Act 1950, s. 44
Goh Hock Hai v. Eon Bank Bhd
(Varghese George J9) [2012] 4 CLJ 956 [HC]

Legal Network Series Articles

1. FAMILY LAW - CLAIMS ARISING OUT OF BINDING FINANCIAL AGREEMENTS ^{[Read excerpt]}
    BY: CHRISTOPHER BRIERLEY, LAWCOVER PANEL SOLICITOR AND PARTNER, HWL EBSWORTH [2012] 1 LNS(A) xlvi

2. INTELLECTUAL PROPERTY POLICY OF UNIVERSITIES AND RESEARCH INSTITUTION FOR THE EFFECTIVE USE OF THE INTELLECTUAL PROPERTY SYSTEM: THE EXPERIENCE OF UNIVERSITI KEBANGSAAN MALAYSIA ^{[Read excerpt]}
    BY: KAMAL HALILI HASSAN [2012] 1 LNS(A) xlv

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