Bulletin_34

CLJ Bulletin, Vol 2006, Issue 34

15 Septembert 2006

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 -

CLJ September (Part 3) 2006

COURT

FEDERAL COURT

Ngeow Voon Yean v. Sungei Wang Plaza Sdn Bhd/Landmarks Holding Bhd
(Labour law - Employment - Dismissal - Obedience to superior orders) [2006] 3 CLJ 837

COURT OF APPEAL

Chan King Yu v. PP
(Trafficking in methamphetamine - Whether trial judge correct in invoking and applying presumption under s. 37(da)) [2006] 3 CLJ 853

Firstcrest Global Ltd & Ors v. Indexia Assets Ltd & Ors And Another Appeal
(Injunction - Appeal against refusal to grant inter parte interim injunction) [2006] 3 CLJ 860

Mohd Abbas Danus Baksan v. PP
(Appeal - Conviction and sentence, against - Murder and rape of 10-year old child) [2006] 3 CLJ 880

PP v. Suzie Adrina Ahmad
(Trafficking in dangerous drug - Appeal against acquittal - Dangerous Drugs Act 1952, ss. 37(g), 39B(1)(a), (2)) [2006] 3 CLJ 889

HIGH COURT

W E Balasingam v. Malaysian Bar
(Malaysian Bar - Annual General Meeting - Validity of - Legal Profession Act 1976, s. 70(2)) [2006] 3 CLJ 902

SUBJECT INDEX

ADMINISTRATIVE LAW

Exercise of judicial functions - Judicial review - Certiorari proceedings - Appeal against confirmation by Court of Appeal of High Court's decision to quash award of Industrial Court - Obedience to superior orders - Whether principle of an order being “manifestly wrong” has any part in doctrine of superior orders - Whether reliance by Court of Appeal on findings of fact made by High Court misplaced - Whether Industrial Court's award ought to be restored
Ngeow Voon Yean v. Sungei Wang Plaza Sdn Bhd/Landmarks Holding Bhd
(Abdul Malek Ahmad PCA, Siti Norma Yaakob & Alauddin Mohd Sheriff FCJJ) [2006] 3 CLJ 837 [FC]

CIVIL PROCEDURE

Injunction - Interim injunction - Appeal against refusal to grant inter parte interim injunction - Principles applicable - Whether damages an adequate remedy - Whether damages could be assessed and ascertained - Balance of convenience - Whether injunction ought to be granted
Firstcrest Global Ltd & Ors v. Indexia Assets Ltd & Ors And Another Appeal
(Abdul Aziz Mohamad, James Foong & Zulkefli Makinudin JJCA) [2006] 3 CLJ 860 [CA]

CONTRACT

Shares, sale of - Agreement for sale of shares - Whether a monetary contract - Whether a contract to sell rather than an executed contract of sale - Whether proprietary right to shares remained with owners - Whether purchasers' remedy restricted to a personal claim for damages
Firstcrest Global Ltd & Ors v. Indexia Assets Ltd & Ors And Another Appeal
(Abdul Aziz Mohamad, James Foong & Zulkefli Makinudin JJCA) [2006] 3 CLJ 860 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B - Trafficking in methamphetamine - Appeal against conviction and sentence - Prima facie case - Mens rea possession - Whether trial judge correct in invoking and applying presumption under s. 37(da)
Chan King Yu v. PP
(Gopal Sri Ram, Richard Malanjum & Nik Hashim JJCA) [2006] 3 CLJ 853 [CA]

Dangerous Drugs Act 1952 - Section 39B(2) - Trafficking in dangerous drug - Appeal against acquittal - Whether a prima facie case of actual trafficking established - Whether trial judge misdirected himself in respect of evidence of chemist - Whether trial judge ought to have called for accused's defence to charge of trafficking - Dangerous Drugs Act 1952, ss. 37(g), 39B(1)(a), (2)
PP v. Suzie Adrina Ahmad
(Gopal Sri Ram, Arifin Zakaria & Nik Hashim JJCA) [2006] 3 CLJ 889 [CA]

CRIMINAL PROCEDURE

Acquittal or discharge - Prima facie case not established - Accused acquitted on charge of trafficking in dangerous drugs - Whether a prima facie case of actual trafficking established - Whether trial judge misdirected himself in respect of chemist's evidence - Whether trial judge ought to have called for accused's defence to charge of trafficking
PP v. Suzie Adrina Ahmad
(Gopal Sri Ram, Arifin Zakaria & Nik Hashim JJCA) [2006] 3 CLJ 889 [CA]

Appeal - Conviction and sentence, against - Murder and rape of 10-year old child - Evidence of prosecution - Unsworn statement - Plea of guilt to rape charge - Circumstantial evidence - Whether judicial commissioner had erred in appreciation of case for defence - Whether case against appellant proved beyond reasonable doubt
Mohd Abbas Danus Baksan v. PP
(Gopal Sri Ram, Mohd Ghazali Yusoff & James Foong JJCA) [2006] 3 CLJ 880 [CA]

Appeal - Fact, finding of - Trial judge made findings of pure fact based on evidence he accepted as true - Whether appellate court must defer to views of trial judge
Chan King Yu v. PP
(Gopal Sri Ram, Richard Malanjum & Nik Hashim JJCA) [2006] 3 CLJ 853 [CA]

EVIDENCE

Expert evidence - Chemist - Whether trial judge misdirected himself in respect of chemist's evidence - Whether trial judge ought to have called for accused's defence to charge of trafficking irrespective of weight of drug in question
PP v. Suzie Adrina Ahmad
(Gopal Sri Ram, Arifin Zakaria & Nik Hashim JJCA) [2006] 3 CLJ 889 [CA]

LABOUR LAW

Employment - Dismissal - Appeal against confirmation by Court of Appeal of High Court's decision to quash award of Industrial Court - Obedience to superior orders - Whether principle of an order being “manifestly wrong” has any part in doctrine of superior orders - Whether reliance by Court of Appeal on findings of fact made by High Court misplaced - Whether Industrial Court's award ought to be restored
Ngeow Voon Yean v. Sungei Wang Plaza Sdn Bhd/Landmarks Holding Bhd
(Abdul Malek Ahmad PCA, Siti Norma Yaakob & Alauddin Mohd Sheriff FCJJ) [2006] 3 CLJ 837 [FC]

LEGAL PROFESSION

Malaysian Bar - Annual General Meeting - Validity of - Notice of adjournment - Election of office bearers - Whether Annual General Meeting carried out in accordance with provisions of s. 70(2) Legal Profession Act 1976
W E Balasingam v. Malaysian Bar
(Balia Yusof Wahi J) [2006] 3 CLJ 902 [HC]

STATUTORY INTERPRETATION

Construction of statutes - Literal approach - Whether words of statute clear and unambiguous - Intention of Parliament - Whether purposive approach inapplicable - Legal Profession Act 1976, s. 70(2)
W E Balasingam v. Malaysian Bar
(Balia Yusof Wahi J) [2006] 3 CLJ 902 [HC]

CASE OF THE WEEK

MEOR ATIQULRAHMAN ISHAK & ORS v. FATIMAH SIHI & ORS

CONSTITUTIONAL LAW: Fundamental liberties - Freedom of religion - Students expelled for wearing turbans to school in contravention of regulations of school - Whether said regulations prohibiting wearing of turban by school pupils violated art. 11(1) Federal Constitution - Federal Constitution, art. 11(1), (5)

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