Bulletin_34

CLJ Bulletin, Vol 2004, Issue 34
27 August 2004

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. CLJ August (Part 4) 2004

2. CLJ Supp. August (Part 2) 2004

1. CLJ August (Part 4) 2004

COURT OF APPEAL

Hardial Singh Hari Singh v. Abu Talib Othman & Anor
(Appeal - Appeal by vexatious litigant) [2004] 3 CLJ 481

Tai Wah Construction Co v. Government Of Malaysia (Jabatan Kerja Raya Sarawak)
(Arbitration - Award - Allegations of errors of law and fact) [2004] 3 CLJ 489

HIGH COURT

PP v. Azman Bakar
(Murder - Motive - Jealously - Whether proved beyond reasonable doubt) [2004] 3 CLJ 504

Shamala Sathiyaseelan v. Dr Jeyaganesh C Mogarajah
(Children - Custody - Application for custody by wife after husband converted himself and children to Islam) [2004] 3 CLJ 516

T Devindran N Thatchnamurthy v. Kerajaan Negeri Johor & Ors
(Consent order - Setting aside) [2004] 3 CLJ 535

SUBJECT INDEX

ARBITRATION

Award - Appeal against dismissal of application for remission - Allegations of errors of law and fact - Whether proved by appellant - Whether learned judge right in dismissing application - Rules of the High Court 1980, O. 69 r. 4 - Arbitration Act 1952, s. 23
Tai Wah Construction Co v. Government Of Malaysia (Jabatan Kerja Raya Sarawak)
(Mohd Ghazali Yusoff, Nik Hashim JJCA & Low Hop Bing J) [2004] 3 CLJ 489

CIVIL PROCEDURE

Consent order - Setting aside - Counsel’s lack of authority to enter consent order - Whether sufficient grounds for setting aside order - Whether order could be set aside if in the interests of justice
T Devindran N Thatchnamurthy v. Kerajaan Negeri Johor & Ors
(Jeffrey Tan J) [2004] 3 CLJ 535

CRIMINAL LAW

Murder - Motive - Jealousy - Whether proved beyond reasonable doubt - Whether evidence supported accused’s assertion that he did not know victim - Whether accused cast a reasonable doubt on prosecution case
PP v. Azman Bakar
(Ian HC Chin J) [2004] 3 CLJ 504

CRIMINAL PROCEDURE

Appeal - Appeal by vexatious litigant - Litigant restrained from instituting any legal proceedings save by leave of a judge- Whether litigant’s failure to obtain leave did not entitle him to pursue appeal - Whether learned judge should have struck out litigant’s criminal application against respondents instead of dismissing it - Article 17 of Schedule to Courts of Judicature Act 1964
Hardial Singh Hari Singh v. Abu Talib Othman & Anor
(Richard Malanjum, Mohd Ghazali Yusoff & Hashim Yusoff JCA) [2004] 3 CLJ 481

Trial - Adjournment, applications for - Reasons for refusal - Tan Hun Wah v. PP
PP v. Azman Bakar
(Ian HC Chin J) [2004] 3 CLJ 504

FAMILY LAW

Children - Custody - Infant children of Hindu marriage - Application for custody by wife after husband converted himself and children to Islam - Whether wife had daily care and control of children - Whether wife had right to actual custody - Whether legal custody jointly to both husband and wife - Whether right to actual custody lost if wife influenced children’s religious beliefs - Law Reform (Marriage and Divorce) Act 1976, ss. 88 - Guardianship of Infants Act 1961, s. 5
Shamala Sathiyaseelan v. Dr Jeyaganesh C Mogarajah
(Faiza Tamby Chik J) [2004] 3 CLJ 516

2. CLJ Supp. August (Part 2) 2004

HIGH COURT

Jashin Scaffolding (M) Sdn Bhd v. Chew Ai Eng Sdn Bhd; OCBC Bank (Malaysia) Bhd (Applicant)
(Land law - Charge - Deed of assignment) [2004] 6 CLJ 497

PP v. Alfred Vincent
(Criminal procedure - Principles of sentencing) [2004] 6 CLJ 515

PP v. Pretum Singh Lall Singh
(Penal code - Section 376 - Rape) [2004] 6 CLJ 521

Taiping Poly (M) Sdn Bhd v. Wong Fook Toh & Ors
(Civil procedure - Assessment of damages) [2004] 6 CLJ 531

Tan Kian Hua v. Colour Image Scan Sdn Bhd & Ors (No 2)
(Civil procedure - Execution - Stay) [2004] 6 CLJ 536

Teong Kok Kong v. Yoahan Marketing (M) Sdn Bhd & Ors
(Industrial court - Award - Non compliance) [2004] 6 CLJ 550

SUBJECT INDEX

ADMINISTRATIVE LAW

Remedies - Certiorari and mandamus - Application to quash award of Industrial Court denying applicant’s right to join parties at non compliance proceedings - Whether application should have been made in dismissal proceedings - Words "in any proceedings before it" as contained in s. 29(a) of the Industrial Relations Act 1967 - Whether includes proceedings under s. 56 of the Industrial Relations Act 1967
Teong Kok Kong v. Yoahan Marketing (M) Sdn Bhd & Ors
(Wan Afrah JC) [2004] 6 CLJ 550

BANKING

Securities for advances - Deed of assignment - Assignment of property as security for banking facilities - Default of repayment by assignor - Whether assignee a secured creditor for purpose of assignor’s liquidation - Whether necessary to create a charge in assignee’s favour before proceeding with foreclosure of property - Whether creation of charge would constitute undue preference against general body of creditors
Jashin Scaffolding (M) Sdn Bhd v. Chew Ai Eng Sdn Bhd; OCBC Bank (Malaysia) Bhd (Applicant)
(Ramly Ali J) [2004] 6 CLJ 497

CIVIL PROCEDURE

Damages - Assessment of damages - Loss suffered by plaintiff - Whether correct computation should be loss of net profits and not loss of sales - Loss of goodwill - Whether to be awarded
Taiping Poly (M) Sdn Bhd v. Wong Fook Toh & Ors
(Kang Hwee Gee J) [2004] 6 CLJ 531

Execution - Stay - Application for - Special circumstances test - Whether appeal would be rendered nugatory - Merits of application - Balance of convenience
Tan Kian Hua v. Colour Image Scan Sdn Bhd & Ors (No 2)
(Abdul Malik Ishak J) [2004] 6 CLJ 536

CRIMINAL LAW

Penal Code - Section 376 - Rape - Proof - Child complainant - Whether sessions court had erred when it rejected child’s evidence - Corroboration - Whether independent corroboration required - Order of acquittal - Whether should be set aside
PP v. Pretum Singh Lall Singh
(RK Nathan J) [2004] 6 CLJ 521

CRIMINAL PROCEDURE

Sentence - Principles of sentencing - Public interest - Plea of guilty - First-time offender - Exercise of judicial discretion - Interference by appellate court - Whether sentence manifestly inadequate - Whether magistrate had erred in law or in fact
PP v. Alfred Vincent
(Abdull Hamid Embong J) [2004] 6 CLJ 515

Sentence - Rape - Rape of a child - Factors considered - Whether there were satisfactory mitigating factors - Penal Code, s. 376
PP v. Pretum Singh Lall Singh
(RK Nathan J) [2004] 6 CLJ 521

LABOUR LAW

Industrial court - Award - Non compliance - Joining parties - IC held that applicant could not apply to join parties at non compliance proceedings - Whether IC committed an error of law - Jurisdiction - Whether IC acted in excess of jurisdiction
Teong Kok Kong v. Yoahan Marketing (M) Sdn Bhd & Ors
(Wan Afrah JC) [2004] 6 CLJ 550

LAND LAW

Charge - Deed of assignment - Absolute assignment - Default of repayment by assignor - Whether assignee a secured creditor for purpose of assignor’s liquidation - Whether necessary to create a charge in assignee’s favour before proceeding with foreclosure of property - Whether creation of charge would constitute undue preference against general body of creditors
Jashin Scaffolding (M) Sdn Bhd v. Chew Ai Eng Sdn Bhd; OCBC Bank (Malaysia) Bhd (Applicant)
(Ramly Ali J) [2004] 6 CLJ 497

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