Legal Network Series

[2009] 1 LNS 1809	THE ROCK CORPORATION SDN BHD & ANOR v. MALAYAN BANKING BERHAD & ANOR	CIVIL PROCEDURE: Judgments and orders - Vesting order - Whether vesting order obtained by defendants outside ambit and scope of Banking and Financial Institutions Act 1989 (BAFIA) - Whether order exempting 1st defendant from application of s. 49(9)(a) BAFIA issued - Whether transfer of the non-performing loan from 1st to 2nd defendant valid - Discrepancy on number of accounts to be transferred in approval given by the Minister and in application for vesting order - Whether sufficient to constitute fraud on defendants' part CIVIL PROCEDURE: Striking out - Action - To impeach vesting order on ground of fraud and suppression and to set aside vesting order - Whether plaintiffs' claim against defendants was frivolous, vexatious and an abuse of the process of the court - Whether action against defendants should be struck out
[2009] 1 LNS 1810	PENGURUSAN DANAHARTA NASIONAL BHD v. ASAS METROPOLITAN SDN BHD & ORS	CIVIL PROCEDURE: Locus standi - Action to recover monies loaned - Whether plaintiff had locus to bring this action against defendants - Whether plaintiff acquired all the rights, title and interests of BSN Merchant Bank relating to the facilities - Prokhas Sdn Bhd appointed to manage plaintiff's assets - Whether any need for Prokhas to be substituted as plaintiff CONTRACT: Breach - Agreement - Facility agreement - Whether plaintiff and/or Banks obliged to extend availability period of the Bank Guarantee facility after expiry - Whether plaintiff and/or Banks obliged to give notice of expiry of Bank Guarantee facility - Whether defendants proved representation was made on the extension of the availability period of the Bank Guarantee - Whether Banks breached the terms of the Facility Agreement CIVIL PROCEDURE: Pleadings - Statement of claim - Security sold - Failure to plead security held - Whether 1st defendant informed of net sale proceeds credited towards reducing the outstanding sums due from it - Whether 1st defendant notified of shortfall after crediting net sale proceeds - Whether defendants prejudiced by non disclosure of security in the statement of claim
[2009] 1 LNS 1811	KARIB FR ENTERPRISE SDN BHD v. SANJUNGMAS SDN BHD & ANOR	CONTRACT: Breach - Building contract - Progressive claims by plaintiff which included variation works - No response by 1st defendant contending that variation works never instructed by it - No notice given to plaintiff of any counter claim that 1st defendant had against plaintiff - Whether there were variation orders by defendants - Whether plaintiff's claim proved - Whether defendants' counter claim proved COMPANY LAW: Lifting of corporate veil - Contract between plaintiff and 1st defendant - 2nd defendant wrote letter to plaintiff on defective work - Whether 1st and 2nd defendant "alter egos" and should be regarded as one entity
[2012] 1 LNS 5	GALE FORCE SDN BHD v. LING YUN YOKE; MALAYAN BANKING BERHAD (INTERVENER)	LAND LAW: Charge - Consolidation of accounts - Determination of sums payable out of sale proceeds to Intervener for property sold under judgment creditor's (JC) Order for Sale pursuant to a prohibitory order - Combined amount owed under judgment debtor's (JD) 2 accounts and Initial Additional Accounts far exceeded sale proceeds leaving no surplus for JC - Whether Intervener could consolidate Additional Accounts into its Order for Sale by the Amended Order for Sale made after JC's Order for Sale - Latest time for Intervener to consolidate other accounts with those covered by its Order for Sale - Whether such consolidation affected accrued rights of JC that had already crystallised - Whether JC's rights accrued and crystallised with the granting of the Order for Sale on 31 January 2011 - Whether there was interference with the rights of the parties LAND LAW: Charge - Order for sale - Functus officio - Whether Intervener effectively attempting to vary both its Order for Sale and the judgment creditor's Order for Sale - Whether the Court functus officio with respect to both Orders for Sale EQUITY: Estoppel - Estoppel by representation - Intervener's representation to the Court in its Order for Sale proceedings and in opposition to the prohibitory order - Judgment creditor's(JC) reliance on such representation that the indebtedness due under Intervener's Charge was in respect of judgment debtor's 2 accounts only - Whether JC's rights and entitlement would suffer as a result of such consolidation of accounts - Whether Intervener estopped from raising the issue of consolidation of additional accounts
[2012] 1 LNS 9	PP v. AZMADI AZNAN DUMIN	CRIMINAL PROCEDURE: Sentence - Binding over - Appeal against sentence - Rape of a minor and of lurking house trespass - Binding over order imposed by magistrate - Whether not reflective of the seriousness of the offence and public abhorrence of such criminal conduct by a child - Whether magistrate failed to direct her mind to s. 98 of the Child Act 2001 that a bond of good behaviour was not appropriate for an offence as serious as rape - Whether appropriate order to be given was under s. 91(1)(f) of the Child Act 2001 - Whether respondent should be sent to the Henry Gurney School

CLJ 2013 Volume 5 (Part 6)

COURT

COURT OF APPEAL

Affin Bank Bhd v. HIB-C Industries Sdn Bhd & Ors
Abu Samah Nordin, Clement Skinner, Aziah Ali JJCA
(Banking; Civil Procedure - Notice of demand - Service) [2013] 5 CLJ 689 [CA]

American International Assurance Company Ltd v. Nadarajan Subramaniam
Aziah Ali, Lim Yee Lan, Mah Weng Kwai JJCA
(Insurance - Duty of disclosure - Medical evidence) [2013] 5 CLJ 697 [CA]

Dato' Seri Dr M Mahadevan v. Panchanath Mahalingam Ratnavale & Ors
Ramly Ali, Clement Skinner, Zaharah Ibrahim JJCA
(Land Law; Trusts - Vacant possession - Resulting trust) [2013] 5 CLJ 710 [CA]

Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor
Low Hop Bing, Abu Samah Nordin, Linton Albert JJCA
(Administrative Law; Labour Law - Employment - Dismissal) [2013] 5 CLJ 733 [CA]

Ma Boon Lan v. UOB Kay Hian Private Ltd & Another Appeal
Azahar Mohamed, Balia Yusof Wahi, Lim Yee Lan JJCA
(Civil Procedure; Words & Phrases - Service - Notice of writ) [2013] 5 CLJ 740 [CA]

Yong Kar Mun v. PP
Hasan Lah, Abdul Malik Ishak, Balia Yusof Wahi JJCA
(Criminal Law; Criminal Procedure - Charge - Amendment) [2013] 5 CLJ 751 [CA]

Yushiro Chemical Industry Co Ltd & Ors v. Jet-Tech Materials Sdn Bhd & Ors And Another Appeal
Sulaiman Daud, Jeffrey Tan, Zaharah Ibrahim JJCA
(Company Law - Members' rights - Oppression - Locus standi) [2013] 5 CLJ 790 [CA]

HIGH COURT

McLaren Saksama (Malaysia) Sdn Bhd v. Hong Leong Bank Bhd
Rosilah Yop JC
(Banking; Evidence - Forgery - Expert evidence - Handwriting) [2013] 5 CLJ 810 [HC]

PP v. Muslim Ahmad
Amelia Tee Abdullah J
(Criminal Procedure; Evidence - Notice of alibi - Expert evidence) [2013] 5 CLJ 822 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Certiorari - Application to quash award of Industrial Court - Dismissal - Whether High Court can interfere with findings of facts by Industrial Court - Whether breach of natural justice sufficient proof of victimisation - Whether charge against appellants proved - Whether dismissal harsh and disproportionate
Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor
(Low Hop Bing, Abu Samah Nordin, Linton Albert JJCA) [2013] 5 CLJ 733 [CA]

BANKING

Banker and customer - Forgery - Forgery of company cheques - Bank honoured forged cheques - Burden and standard of proof - Failure to check irregular transactions of cheques - Failure to notify bank of forged cheques - Whether bank protected - Bills of Exchange Act 1949, s. 73A - Civil Law Act 1956, s. 12
McLaren Saksama (Malaysia) Sdn Bhd v. Hong Leong Bank Bhd
(Rosilah Yop JC) [2013] 5 CLJ 810 [HC]

Banks and banking business - Guarantees - Default in repayment of loan - Recovery of sum loaned - Notice of demand issued to guarantors - Whether notice of demand received by guarantors - Letter of guarantee - Construction of clause in letter of guarantee
Affin Bank Bhd v. HIB-C Industries Sdn Bhd & Ors
(Abu Samah Nordin, Clement Skinner, Aziah Ali JJCA) [2013] 5 CLJ 689 [CA]

CIVIL PROCEDURE

Service - Notice of demand - Default in repayment of loan - Recovery of sum loaned - Notice of demand issued to guarantors - AR cards signed by unknown person - Whether notice of demand received by guarantors - Letter of guarantee - Construction of clause in letter of guarantee - Whether service proper
Affin Bank Bhd v. HIB-C Industries Sdn Bhd & Ors
(Abu Samah Nordin, Clement Skinner, Aziah Ali JJCA) [2013] 5 CLJ 689 [CA]

Service - Out of the jurisdiction - Service of notice of writ on company abroad - Principles and application - Whether the word 'may' in O. 11 r. 5(8) Rules of the High Court 1980 to be taken in mandatory sense - Service in accordance with law of country in which service is effected - Whether notice of writ served out of jurisdiction needs to be served personally - Rules of the High Court 1980, O. 11 rr. 5(3) & 6(2) - Companies Act 1988 [Sing], s. 387 - Whether complied
Ma Boon Lan v. UOB Kay Hian Private Ltd & Another Appeal
(Azahar Mohamed, Balia Yusof Wahi, Lim Yee Lan JJCA) [2013] 5 CLJ 740 [CA]

Striking out - Application for - Appeal against dismissal of application to strike out - Whether issues that arose to be determined at trial - Whether application wholly unsustainable
Ma Boon Lan v. UOB Kay Hian Private Ltd & Another Appeal
(Azahar Mohamed, Balia Yusof Wahi, Lim Yee Lan JJCA) [2013] 5 CLJ 740 [CA]

COMPANY LAW

Members' rights - Oppression - Oppression of minority - High Court granted petitioners relief against oppression - Appeal against order - Whether second petitioner had locus standi to file petition - Whether appellate intervention warranted - Whether acts of oppression committed to justify remedies granted - Whether petitioners became minority shareholders as a result of oppressive conduct - Companies Act 1965, s. 181
Yushiro Chemical Industry Co Ltd & Ors v. Jet-Tech Materials Sdn Bhd & Ors And Another Appeal
(Sulaiman Daud, Jeffrey Tan, Zaharah Ibrahim JJCA) [2013] 5 CLJ 790 [CA]

CRIMINAL LAW

Firearms (Increased Penalties) Act 1971 - Section 3 - Conviction and sentence - Appeal against - Discharging firearm while committing robbery - Common intention - Firearm discharged by deceased while escaping after committing robbery with appellant - Whether commission of robbery continued unabated under s. 390 Penal Code when firearm discharged - Whether appellant properly convicted under s. 3 Firearms (Increased Penalties) Act 1971 - Penal Code, s. 34
Yong Kar Mun v. PP
(Hasan Lah, Abdul Malik Ishak, Balia Yusof Wahi JJCA) [2013] 5 CLJ 751 [CA]

CRIMINAL PROCEDURE

Charge - Amendment - Firearms (Increased Penalties) Act 1971, s. 3 - Firearm discharged by deceased while escaping after committing robbery with appellant - Charge amended twice to include particulars regarding deceased and common intention - Charge amended before judgment pronounced - Whether amendment properly done - Criminal Procedure Code, s. 158
Yong Kar Mun v. PP
(Hasan Lah, Abdul Malik Ishak, Balia Yusof Wahi JJCA) [2013] 5 CLJ 751 [CA]

Defence - Alibi or denial - Pre-trial notice - Service of notice of alibi - Trial postponed to another date - Whether fresh notice of alibi to be served - Whether substantial compliance with notice of alibi sufficient to support defence - Criminal Procedure Code, s. 402A - Whether complied with
PP v. Muslim Ahmad
(Amelia Tee Abdullah J) [2013] 5 CLJ 822 [HC]

EVIDENCE

Adverse inference - Failure to call witness - Failure to call material witness - Whether adverse inference could be drawn - Evidence Act 1950, s. 114(g)
McLaren Saksama (Malaysia) Sdn Bhd v. Hong Leong Bank Bhd
(Rosilah Yop JC) [2013] 5 CLJ 810 [HC]

Expert evidence - Establishing expertise, necessity of - Whether necessary to show expertise and experience of witness - Whether adducing of experience sufficient to establish expertise - Evidence Act 1950, s. 45
PP v. Muslim Ahmad
(Amelia Tee Abdullah J) [2013] 5 CLJ 822 [HC]

Expert evidence - Handwriting - Expert opinion - Nature of opinion - Whether different signatures amounted to forgery - Whether safe to rely on expert opinion without cogent grounds
McLaren Saksama (Malaysia) Sdn Bhd v. Hong Leong Bank Bhd
(Rosilah Yop JC) [2013] 5 CLJ 810 [HC]

INSURANCE

Accident insurance - Cause of death - Medical evidence - Whether death due to illness - Whether there was direct evidence of a fall - Whether beneficiary proved death caused by accident
American International Assurance Company Ltd v. Nadarajan Subramaniam
(Aziah Ali, Lim Yee Lan, Mah Weng Kwai JJCA) [2013] 5 CLJ 697 [CA]

Duty of disclosure - Material non-disclosure - Discrepancy in estimated income of insured - Whether insured bound by warranty in proposal forms - Whether amounted to material non-disclosure or incorrect disclosure - Insurance Act 1996, ss. 149(4) & 150
American International Assurance Company Ltd v. Nadarajan Subramaniam
(Aziah Ali, Lim Yee Lan, Mah Weng Kwai JJCA) [2013] 5 CLJ 697 [CA]

LABOUR LAW

Employment - Dismissal - Judicial review - Application to quash award of Industrial Court - Whether defect in domestic enquiry can be corrected by Industrial Court - Whether appellant victimised - Whether High Court could interfere with findings of fact by Industrial Court - Whether dismissal harsh and disproportionate
Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor
(Low Hop Bing, Abu Samah Nordin, Linton Albert JJCA) [2013] 5 CLJ 733 [CA]

LAND LAW

Vacant possession - Claim for - Whether respondents occupying land as trespassers - Whether registered owner held land as trustee - Whether land held by appellant in trust for respondents as beneficiaries of residuary estate of deceased until letters of administration granted - Whether trial judge acted in excess of jurisdiction - Whether trial judge misdirected himself as to locus standi of respondents to commence counterclaim - Allegation of fraud and undue influence - Standard of proof - Balance of probabilities - Whether correctly applied - Rules of the High Court 1980, O. 15 r. 15 & O. 92 r. 4
Dato' Seri Dr M Mahadevan v. Panchanath Mahalingam Ratnavale & Ors
(Ramly Ali, Clement Skinner, Zaharah Ibrahim JJCA) [2013] 5 CLJ 710 [CA]

TRUSTS

Resulting trust - Circumstances when such a trust would arise - Claim for vacant possession - Whether respondents occupying land as trespassers - Whether registered owner held land as trustee - Whether land held by appellant in trust for respondents as beneficiaries of residuary estate of deceased until letters of administration granted - Rules of the High Court 1980, O. 15 r. 15 & O. 92 r. 4
Dato' Seri Dr M Mahadevan v. Panchanath Mahalingam Ratnavale & Ors
(Ramly Ali, Clement Skinner, Zaharah Ibrahim JJCA) [2013] 5 CLJ 710 [CA]

WORDS & PHRASES

"may" - Rules of the High Court 1980, O. 11 r. 5(8) - Wording of - Whether mandatory
Ma Boon Lan v. UOB Kay Hian Private Ltd & Another Appeal
(Azahar Mohamed, Balia Yusof Wahi, Lim Yee Lan JJCA) [2013] 5 CLJ 740 [CA]

CLJ 2013 Volume 5 (Part 7)

COURT

COURT OF APPEAL

Onn Yee Kien & Anor v. On Giin Chuang
Hishamudin Mohd Yunus, Abdul Aziz Rahim, Mohamad Ariff Yusof JJCA
(Land Law - Caveat - Private caveat - Application to extend caveat) [2013] 5 CLJ 837 [CA]

Thenegaran Murugan & Anor v. PP
Linton Albert, Lim Yee Lan JJCA, Mohd Zawawi Salleh J
(Criminal Law; Criminal Procedure; Evidence - Penal Code - Section 302 - Murder - Whether charge defective for failure to indicate which section in Penal Code offence fell under) [2013] 5 CLJ 850 [CA]

HIGH COURT

Dr Muhamad Fadly Ramly v. Brig Jen (Dr) Dato' Hj Samiran & Ors
Lee Swee Seng JC
(Armed Forces; Constitutional Law; Tort - Armed Forces Council - Jurisdiction - Public servant) [2013] 5 CLJ 872 [HC]

Muhammad Ridoan & Anor v. PP
Abdul Rahman Sebli J
(Criminal Procedure - Sentence - Principles of - Public interest - Deterrent sentence) [2013] 5 CLJ 904 [HC]

Network Pet Products (M) Sdn Bhd v. Royal Canin Sas & Anor
Hasnah Mohammed Hashim J
(Civil Procedure - Injunction - Ex parte injunction - Setting aside) [2013] 5 CLJ 914 [HC]

PP v. Mohd Musa Ahmad
Samsudin Hassan JC
(Criminal Procedure - Sentence - Mitigating factors - Rape - Whether guilty plea entitled accused to lesser punishmen) [2013] 5 CLJ 921 [HC]

Rosman Laksa lwn. Magesan Selvam
Suraya Othman H
(Ganti Rugi - Kecederaan diri - Kemalangan jalanraya antara motokar dan motosikal - Versi bertentangan antara pihak-pihak - Versi yang lebih berkemungkinan) [2013] 5 CLJ 932 [HC]

Syed Omar Syed Othman; Ex P Lembaga Kumpulan Wang Simpanan Pekerja
Akhtar Tahir H
(Kebankrapan - Bukti dan keutamaan hutang - Bukti hutang - Undang-undang yang terpakai) [2013] 5 CLJ 945 [HC]

SUBJECT INDEX

ARMED FORCES

Armed Forces Council - Jurisdiction - Public servant - Temporary secondment of plaintiff to serve at Armed Forces Hospital terminated when transfer order issued requiring plaintiff to report to government hospital - Whether plaintiff subjected to discipline at Armed Forces Act for offence of AWOL - Whether Armed Forces Council had disciplining authority over plaintiff - Whether plaintiff under jurisdicition of Public Service Commission
Dr Muhamad Fadly Ramly v. Brig Jen (Dr) Dato' Hj Samiran & Ors
(Lee Swee Seng JC) [2013] 5 CLJ 872 [HC]

CIVIL PROCEDURE

Injunction - Ex parte injunction - Setting aside - Application for - Contract to market pet food products in Malaysia - Notice of non-renewal of contract - Allegation of loss and damages - Delay in filing injunction application - Whether plaintiff acted with promptitude - Whether balance of convenience in favour of defendant - Whether irreparable harm or damage would be caused - Whether injunction ought to be granted - Rules of the High Court 1980, O. 29 r. 1
Network Pet Products (M) Sdn Bhd v. Royal Canin Sas & Anor
(Hasnah Mohammed Hashim J) [2013] 5 CLJ 914 [HC]

CONSTITUTIONAL LAW

Public servants - Medical officer with Ministry of Health - Temporary secondment of plaintiff to serve at Armed Forces Hospital terminated when transfer order issued requiring plaintiff to report to goverment hospital - Whether plaintiff could not report for work at government hospital until he was decommissioned from the force - Whether plaintiff could be subjected to open arrest and court-martial for desertion - Whether jurisdiction of Armed Forces over plaintiff ceased upon termination of secondment - Whether plaintiff's commissioning and court-martial ultra vires and invalid
Dr Muhamad Fadly Ramly v. Brig Jen (Dr) Dato' Hj Samiran & Ors
(Lee Swee Seng JC) [2013] 5 CLJ 872 [HC]

CRIMINAL LAW

Penal Code - Section 302 - Murder - Conviction and sentence - Appeal against - Whether charge defective for failure to indicate which section in Penal Code offence fell under - Whether investigation officer failed to conduct full and proper investigation - Whether identification parade properly conducted - Whether eyewitnesses were interested witnesses since they were related to or friends of deceased - Whether defence that accused was not at crime scene credible - Whether conviction safe
Thenegaran Murugan & Anor v. PP
(Linton Albert, Lim Yee Lan JJCA, Mohd Zawawi Salleh J) [2013] 5 CLJ 850 [CA]

CRIMINAL PROCEDURE

Charge - Defective charge - Delay in raising objection - Objection regarding defect in charge only raised during hearing of appeal at Court of Appeal - Whether objection raised new point on appeal
Thenegaran Murugan & Anor v. PP
(Linton Albert, Lim Yee Lan JJCA, Mohd Zawawi Salleh J) [2013] 5 CLJ 850 [CA]

Charge - Defective charge - Murder - Whether charge defective for not indicating which section in Penal Code offence fell under - Whether charge must indicate whether offence was culpable homicide or murder - Whether appellant was prejudiced - Whether charge valid
Thenegaran Murugan & Anor v. PP
(Linton Albert, Lim Yee Lan JJCA, Mohd Zawawi Salleh J) [2013] 5 CLJ 850 [CA]

Sentence - Appeal, against - Rape - Penal Code, s. 376 - Accused sentenced to 24 months imprisonment and one stroke of cane - Whether sentence adequate and appropriate - Plea of guilt - Whether accused entitled to lesser punishment - Whether severe deterrent sentence should be imposed - Factors considered in imposing sentences - Whether sessions court judge correct in imposing sentence
PP v. Mohd Musa Ahmad
(Samsudin Hassan JC) [2013] 5 CLJ 921 [HC]

Sentence - Mitigating factors - Rape - Penal Code, s. 376 - Accused sentenced to 24 months imprisonment and one stroke of cane - Guilty plea - Whether guilty plea entitled accused to lesser punishment - Whether sentences imposed by sessions court judge adequate - Principles in sentencing - Public interest
PP v. Mohd Musa Ahmad
(Samsudin Hassan JC) [2013] 5 CLJ 921 [HC]

Sentence - Principles of - Appellants charged with armed robbery - Penal Code, ss. 395 & 397 - Victim's house broken into - Whether offence punishable under s. 453 of Penal Code - Public interest - Deterrent sentence - Whether whipping an effective deterrent - Whether sentences enhanced - Criminal Procedure Code, ss. 316(b)(ii), 325
Muhammad Ridoan & Anor v. PP
(Abdul Rahman Sebli J) [2013] 5 CLJ 904 [HC]

EVIDENCE

Identification parade - Conduct of - Irregularities in identification parade - Accused known to witnesses - Allegation of improper identification parade - Whether prevailed over positive and unequivocal identification of accused eyewitnesses
Thenegaran Murugan & Anor v. PP
(Linton Albert, Lim Yee Lan JJCA, Mohd Zawawi Salleh J) [2013] 5 CLJ 850 [CA]

Witness - Interested witness - Prosecution witnesses relations or close friends of murder victim - Whether testimonies to be disregarded - Testimonies straight forward and replete with details - Whether testimonies admissible
Thenegaran Murugan & Anor v. PP
(Linton Albert, Lim Yee Lan JJCA, Mohd Zawawi Salleh J) [2013] 5 CLJ 850 [CA]

LAND LAW

Caveat - Private caveat - Application to extend caveat - Ex parte application - Whether ex parte application allowed only in exceptional circumstances - Whether there were exceptional circumstances to justify ex parte application - Whether caveator had ample time to file inter partes application - National Land Code, ss. 323(1), 326(1), (1B) & (2)
Onn Yee Kien & Anor v. On Giin Chuang
(Hishamudin Mohd Yunus, Abdul Aziz Rahim, Mohamad Ariff Yusof JJCA) [2013] 5 CLJ 837 [CA]

Caveat - Private caveat - Application to extend caveat - Whether caveator proceeded promptly to enforce claims in respect of land in dispute - Whether caveat a temporary measure - Whether caveator's action contrary to established principles - Eng Mee Yong & Ors v. Letchumanan
Onn Yee Kien & Anor v. On Giin Chuang
(Hishamudin Mohd Yunus, Abdul Aziz Rahim, Mohamad Ariff Yusof JJCA) [2013] 5 CLJ 837 [CA]

TORT

Damages - Claim for - Unlawful detention - Health Ministry terminated temporary secondment of plaintiff and Ministry and recalled him to work in government hospital - Whether plaintiff who had been commissioned as naval officer could be subjected to open arrest and court-martial for desertion - Whether jurisdiction of Armed Forces over plaintiff ceased upon termination of secondment - Whether plaintiff's commissioning and court-martial ultra vires and invalid
Dr Muhamad Fadly Ramly v. Brig Jen (Dr) Dato' Hj Samiran & Ors
(Lee Swee Seng JC) [2013] 5 CLJ 872 [CA]

INDEKS PERKARA

GANTI RUGI

Kecederaan diri - Kemalangan jalanraya antara motokar dan motosikal - Versi bertentangan antara pihak-pihak berkenaan kemalangan - Versi yang lebih berkemungkinan - Sama ada pembahagian liabiliti dalam kemalangan tepat - Sama ada award-award munasabah dan wajar dikekalkan - Sama ada terdapat pertindihan award bagi kecederaan kepatahan
Rosman Laksa lwn. Magesan Selvam
(Suraya Othman H) [2013] 5 CLJ 932 [HC]

KEBANKRAPAN

Bukti dan keutamaan hutang - Bukti hutang - Undang-undang yang terpakai - Pemfailan bukti hutang berdasarkan Akta Kumpulan Wang Simpanan Pekerja 1991 - Sama ada Akta KWSP terpakai kepada seorang bankrap - Sama ada undang-undang terpakai adalah Akta Kebankrapan 1967 - Akta Kebankrapan 1967, ss. 8(1), 24(4) & 42
Syed Omar Syed Othman; Ex p Lembaga Kumpulan Wang Simpanan Pekerja
(Akhtar Tahir H) [2013] 5 CLJ 945 [HC]