Bulletin_33

CLJ Bulletin, Vol 2006, Issue 33

8 Septembert 2006

CLJ Law MALAYSIA

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CLJ September (Part 2) 2006

COURT

COURT OF APPEAL

Asa'ari Muda v. Kerajaan Malaysia & Ors
(Public servants - Service - Transfer to statutory authority - Plaintiffs exercised option for transfer - Whether plaintiffs entitled to pension benefits) [2006] 3 CLJ 753

PP v. Mohd Noor Ismail
(Dangerous Drugs Act 1952 - Section 39B(1) - Charge reduced to one of possession - Whether trial judge misdirected himself) [2006] 3 CLJ 766

Victor Cham & Anor v. Loh Bee Tuan
(Separate legal entity - Company falsely misrepresented that property was free from encumbrances - Whether director liable for acts of company) [2006] 3 CLJ 770

HIGH COURT

Liew Yok Yin v. AGS Harta Sdn Bhd
(Land law - Forged transfer - Whether plaintiff had an indefeasible title) [2006] 3 CLJ 787

Malayan Banking Bhd v. Marilyn Ho Siok Lin
(Banking - Al-Bai Bithaman Ajil house financing facility - Bank claimed for sale price of property - Whether claim inequitable as facility terminated prematurely) [2006] 3 CLJ 796

Mohd Yusof Mohd Rakim & Anor v. Shanta Periasamy & Anor
(Fatal accident - Motor van collided into motor bus – Driver of motor bus found 100% liable - Driver of motor van not called as witness - Whether adverse inference) [2006] 3 CLJ 825

SUBJECT INDEX

BANKING

Banks and banking business - Al-Bai Bithaman Ajil house financing facility - Default in repayments - Bank claimed for sale price of property - Sale price included interest for full tenure of facility - Whether claim inequitable as facility terminated prematurely
Malayan Banking Bhd v. Marilyn Ho Siok Lin
(David Wong Dak Wah JC) [2006] 3 CLJ 796 [HC]

COMPANY LAW

Separate legal entity - Lifting the veil of incorporation - Company falsely misrepresented that property was free from encumbrances - Property later foreclosed - Whether director liable for acts of company - Whether director authorised commission of fraudulent misrepresentation
Victor Cham & Anor v. Loh Bee Tuan
(Abdul Kadir Sulaiman, Arifin Zakaria & Tengku Baharudin Shah JJCA) [2006] 3 CLJ 770 [CA]

CONTRACT

Misrepresentation - Fraudulent misrepresentation - Liability - Company falsely misrepresented that property was free from encumbrances - Property later foreclosed - Whether director liable for acts of company - Whether director authorised commission of fraudulent misrepresentation
Victor Cham & Anor v. Loh Bee Tuan
(Abdul Kadir Sulaiman, Arifin Zakaria & Tengku Baharudin Shah JJCA) [2006] 3 CLJ 770 [CA]

Retainer - Implied retainer - Sale and purchase of property - No evidence in writing to support retainer between parties - Whether retainer implied from conduct of parties
Victor Cham & Anor v. Loh Bee Tuan
(Abdul Kadir Sulaiman, Arifin Zakaria & Tengku Baharudin Shah JJCA) [2006] 3 CLJ 770 [CA]

Retainer - Solicitor-client - Sale and purchase of property - Solicitor failed to make proper searches for encumbrances and redemption of relevant charges on title to property - Whether solicitor liable
Victor Cham & Anor v. Loh Bee Tuan
(Abdul Kadir Sulaiman, Arifin Zakaria & Tengku Baharudin Shah JJCA) [2006] 3 CLJ 770 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(1) - Trafficking in 15000 grams cannabis - Charge reduced to one of possession under s. 6 based on unsatisfactory chemist's report - Whether trial judge misdirected himself - Leong Bon Huat v. PP
PP v. Mohd Noor Ismail
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2006] 3 CLJ 766 [CA]

EVIDENCE

Adverse inference - Road accident - Motor van collided into motor bus - Driver of motor bus found 100% liable although he denied negligence - Driver of motor van not called as witness - Whether adverse inference under s. 114(g) Evidence Act 1950 applicable - Whether appeal against 100% liability should be allowed
Mohd Yusof Mohd Rakim & Anor v. Shanta Periasamy & Anor
(VT Singham J) [2006] 3 CLJ 825 [HC]

Expert evidence - Chemist report - Dangerous drugs - 15000 grams cannabis - Whether weight of samples given to establish nature of drug
PP v. Mohd Noor Ismail
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2006] 3 CLJ 766 [CA]

LAND LAW

Indefeasibility of title and interests - Forged transfer - Whether plaintiff had an indefeasible title - Whether defendant bona fide purchaser for value - National Land Code 1965, s. 340(2)(b), (3)
Liew Yok Yin v. AGS Harta Sdn Bhd
(Syed Ahmad Helmy J) [2006] 3 CLJ 787 [HC]

PUBLIC SERVANTS

Service - Transfer to statutory authority - Plaintiffs exercised option for transfer - Whether plaintiffs entitled to pension benefits - Inland Revenue Board of Malaysia Act 1995, s. 15 - Pensions Act 1980, ss. 3, 12
Asa'ari Muda v. Kerajaan Malaysia & Ors
(Gopal Sri Ram, Abdul Aziz Mohamad & Mohd Ghazali Yusoff JJCA) [2006] 3 CLJ 753 [CA]

ROAD TRAFFIC

Negligence - Fatal accident - Motor van collided into motor bus - Driver of motor bus found 100% liable although he denied negligence - Driver of motor van not called as witness - Whether adverse inference under s. 114(g) Evidence Act 1950 applicable - Whether appeal against 100% liability should be allowed
Mohd Yusof Mohd Rakim & Anor v. Shanta Periasamy & Anor
(VT Singham J) [2006] 3 CLJ 825 [HC]

TORT

Deceit - Fraudulent misrepresentation - Liability - Company falsely misrepresented that property was free from encumbrances - Property later foreclosed - Whether director liable for acts of company - Whether director authorised commission of fraudulent misrepresentation
Victor Cham & Anor v. Loh Bee Tuan
(Abdul Kadir Sulaiman, Arifin Zakaria & Tengku Baharudin Shah JJCA) [2006] 3 CLJ 770 [CA]

Negligence - Duty of care - Solicitor-client - Solicitor failed to make proper searches for encumbrances and redemption of relevant charges on title to property - Whether solicitor liable
Victor Cham & Anor v. Loh Bee Tuan
(Abdul Kadir Sulaiman, Arifin Zakaria & Tengku Baharudin Shah JJCA) [2006] 3 CLJ 770 [CA]

CASE OF THE WEEK

DATO’ V KANAGALINGAM v. DAVID SAMUELS & ORS

CONSTITUTIONAL LAW: Courts - Federal Court - Constitution of - High Court judge - Whether incompetent to sit on panel of Federal Court - Three-judge panel consisted of one High Court judge - Whether sitting illegal and unconstitutional - Whether decision of panel invalid and of no effect - Courts of Judicature Act 1964, s. 74 - Federal Constitution, art. 122(2)

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