Legal Network Series

[2009] 1 LNS 1803	O LOKANATHAN ODNAN @ ODAIAN v. DARUS HJ YASSIN & RAKAN-RAKAN	CIVIL PROCEDURE: Limitation - Motor accident - Ownership of vehicle - Whether limitation should not begin to run until plaintiff discovered the fraud, or could with reasonable diligence have discovered it - Whether a proper case for the period of limitation to be calculated from date plaintiff received confirmation letter from the Insurers - Whether there was any active concealment or fraud by the Insurers - Whether appellant's claim was time-barred - Limitation Act 1953, s. 6(1)
[2009] 1 LNS 1807	MOHD RIEZUAN JALIL & ORS v. BANK NEGARA MALAYSIA	STATUTORY INTERPRETATION: Construction of statutes - Contextual approach - Scope, intent and effect of Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLA) and Banking and Financial Institutions Act 1989 (BAFIA) - Whether defendant's actions outside scope of AMLA - Plaintiffs suspected of engaging in illegal deposit taking under s. 25 BAFIA - Whether also an offence of "money laundering" under s. 4(1) AMLA - Whether fell within definition of a "serious offence" upon which freezing order could be made on reasonable grounds to suspect an offence under s. 4(1) had been committed STATUTORY INTERPRETATION: Construction of statutes - Power given by Act - Exercise of statutory powers - Properties and assets belonging to plaintiff frozen by defendant - Whether defendant's actions were unlawful and mala fide - Whether there were reasonable grounds to suspect offences of illegal deposit taking under s. 25 of BAFIA by plaintiffs - Whether offences within the purview of AMLA read in conjunction with BAFIA - Whether any overlap between defendant's power under BAFIA and its power under s. 44 of AMLA - Whether freezing order by defendant was lawful - Whether no deprivation of plaintiff's property which was not "in accordance with law" CIVIL PROCEDURE: Injunction - Application for - Whether there were serious questions to be tried - Whether necessary to consider whether the balance of convenience or justice of the case lay in whose favour, or even whether damages would be an adequate remedy in the event the injunction was set aside
[2010] 1 LNS 7	KUMPULAN CMC ENTERPRISE SDN BHD v. MACHANG INDAH DEVELOPMENT SDN BHD; CHIN SWEE ON & OTHERS (APPLICANTS)	COMPANY LAW: Winding up - Setting aside winding up order - Stay of order - Applicant claimed ignorance of winding-up proceedings and that respondent incapable of being wound up - Whether there was compliance with the Companies (Winding-up) Rules 1972, r. 32 to ensure notification of petition to public at large before hearing of petition - Whether respondent enjoyed immunity from laws governing companies and the winding-up of companies - Applicant an unsecured creditor - Whether any basis for court to exercise discretion in applicant's favour - Whether applicant no worse off by respondent being wound up - Whether still open to applicant to seek leave of Court under s. 226(3) of the Companies Act 1965 to continue with pending actions STATUTORY INTERPRETATION: Construction of statutes - Applicability - Development Financial Institution Act 2002 - Whether provisions operated only where regulatory body responsible for respondent's operations chose to exercise its powers under the Act either of its own volition or at respondent's request, when there was reason to believe that respondent was insolvent
[2010] 1 LNS 11	JB SECURITIES SDN BHD v. GOH SONG LEONG & ANOR	CONTRACT: Interest - Construction - Complaint that interest rate was exorbitant - Whether the prescribed rate of interest was 14.25% per annum - Whether this was the contractual rate agreed by the parties SECURITIES: Margin account - Whether 1st defendant was nominee or alter ego of 2nd defendant for the margin trading facility - Whether 1st defendant was coerced or influenced to enter Margin Trading Facility Agreement - Whether agreement was valid and transactions carried out there under were on 1st defendant's instructions - Whether plaintiff failed to realise the pledged shares in good time and to obtain the best price
[2010] 1 LNS 13	ETONIC GARMENT MANUFACTURING SDN BHD v. KUNN-G FREIGHT SYSTEMS (M) SDN BHD; MALAYSIAN AIRLINE SYSTEM BERHAD (THIRD PARTY)	CONTRACT: Indemnity - Scope of - Third Party Notice did not include Malaysian Airline System (MAS) directly as a defendant to answer plaintiff's claim - Whether issue of MAS' liability to indemnify defendant or otherwise only arose if defendant found liable for plaintiff's claim - Whether order could be made against MAS for indemnity CARRIAGE OF GOODS: Carriage by air and land - Liability of carrier - Damages arising from breach of contract and negligence in transporting plaintiff's goods to Dublin - Relationship between plaintiff and defendant - Whether plaintiff entitled to proceed against defendant as freight forwarder for breaches of contract as well as negligence - Plaintiff not proceeding against Malaysian Airline System (MAS) - Whether plaintiff bound by provisions of the Carriage by Air Act 1974 and articles of the Warsaw Convention of 1929 - Contractual obligations between plaintiff and defendant - Delivery of consignment by defendant to cargo division of MAS - Whether defendant carried out what it had contracted with plaintiff to do - Whether damage, loss or loss of profit suffered by plaintiff arose from defendant's negligence

CLJ 2013 Volume 6 (Part 2)

COURT

COURT OF APPEAL

Government Of The State Of Sarawak v. Lah Anyie & Ors
Abdul Wahab Patail, Tengku Maimun, Hamid Sultan Abu Backer JJCA
(Administrative Law; Land Law; Native Law And Custom - Exercise of administrative powers - Legitimate expectation - Land dispute - Customary rights over land) [2013] 6 CLJ 133 [CA]

HIGH COURT

Charles Anthony Santiago v. Suruhanjaya Pilihan Raya, Malaysia & Anor
Vernon Ong J
(Administrative Law; Election - Judicial review - Application for - Mandamus - Whether electoral roll could be revised) [2013] 6 CLJ 154 [HC]

Charles Tan Chee Wei lwn. George Tan Chee Haw & Satu Lagi
Abdul Karim Jalil PK
(Undang-Undang Syarikat - Akaun - Hak pengarah untuk memeriksa) [2013] 6 CLJ 169 [HC]

Duar Tuan Kiat & Anor v. Carotech Bhd & Ors
Azizah Nawawi JC
(Civil Procedure - Judge - Recusal from hearing) [2013] 6 CLJ 185 [HC]

Sri Alam Sdn Bhd v. Wan Khairani Wan Mahmood & Ors
Yeoh Wee Siam J
(Islamic Law; Jurisdiction - Words & Phrases - Syariah Court - Issues on company law and trust law - "harta sepencarian") [2013] 6 CLJ 201 [HC]

Teras Kimia Sdn Bhd v. Kerajaan Malaysia
Nallini Pathmanathan J
(Contract - Word & Phrases - Implied contract - Expiration of - Conduct of parties - "without commitment") [2013] 6 CLJ 219 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Exercise of administrative powers - Legitimate expectation - Claim for native customary rights over land - Basis for invocation of jurisprudence relating to legitimate expectation - Whether rights recognised under law - Whether doctrine of legitimate expectation applicable
Government Of The State Of Sarawak v. Lah Anyie & Ors
(Abdul Wahab Patail, Tengku Maimun, Hamid Sultan Abu Backer JJCA) [2013] 6 CLJ 133 [CA]

Judicial review - Application for - Order of mandamus for revision of principal and supplementary electoral roll - Whether court has jurisdiction to question or review electoral roll that has been gazetted - Elections Act 1958, s. 9A
Charles Anthony Santiago v. Suruhanjaya Pilihan Raya, Malaysia & Anor
(Vernon Ong J) [2013] 6 CLJ 154 [HC]

Judicial review - Remedies - Mandamus - Calling for public officer to answer and give explanations to letter - Whether conditions under s. 44(1) Specific Relief Act 1950 satisfied - Whether respondents had corresponding duty to answer or reply to letter
Charles Anthony Santiago v. Suruhanjaya Pilihan Raya, Malaysia & Anor
(Vernon Ong J) [2013] 6 CLJ 154 [HC]

CIVIL PROCEDURE

Judge - Recusal from hearing - Application for - Grounds - Whether there was a real danger of bias - Whether there may be a case of pre-judgment - Whether court dealt with merits of application - Whether application bordered on abuse of court process and contempt
Duar Tuan Kiat & Anor v. Carotech Bhd & Ors
(Azizah Nawawi JC) [2013] 6 CLJ 185 [HC]

CONTRACT

Implied contract - Expiration of - Conduct of parties after formal contract expired - Whether one party's continued provision of services and other party's acceptance without protest led to formation of binding contract - Estoppel - Whether recipient of services estopped from denying existence of contract - Whether absence of agreement on price for services avoided implied contract - Whether price implied and based on rate used in expired formal contract or on quantum meruit basis
Teras Kimia Sdn Bhd v. Kerajaan Malaysia
(Nallini Pathmanathan J) [2013] 6 CLJ 219 [HC]

ELECTION

Election Commission - Powers of - Electoral roll has been gazatted - Whether electoral roll could be revised - Elections Act 1958, s. 9A
Charles Anthony Santiago v. Suruhanjaya Pilihan Raya, Malaysia & Anor
(Vernon Ong J) [2013] 6 CLJ 154 [HC]

ISLAMIC LAW

Syariah Court - Jurisdiction - Divorce proceeding - Husband a shareholder in plaintiff company - Wife's claim for "harta sepencarian" allowed - Issues on company law and trust law - Whether Syariah Court of Appeal encroached into jurisdiction of civil court - Whether civil court has jurisdiction to declare decision of Syariah Court of Appeal null and void - Whether parties to Syariah Court bound by decision - Federal Constitution, art. 121(1A) - Administration of Islamic Law (Federal Territories) Act 1993, s. 46(2)(b)(iv)
Sri Alam Sdn Bhd v. Wan Khairani Wan Mahmood & Ors
(Yeoh Wee Siam J) [2013] 6 CLJ 201 [HC]

JURISDICTION

Syariah Court - Divorce proceeding - Husband a shareholder in plaintiff company - Wife's claim for "harta sepencarian" allowed - Issues on company law and trust law - Whether Syariah Court of Appeal encroached into jurisdiction of civil court - Whether civil court has jurisdiction to declare decision of Syariah Court of Appeal null and void - Whether parties to Syariah Court bound by decision - Federal Constitution, art. 121(1A) - Administration of Islamic Law (Federal Territories) Act 1993, s. 46(2)(b)(iv)
Sri Alam Sdn Bhd v. Wan Khairani Wan Mahmood & Ors
(Yeoh Wee Siam J) [2013] 6 CLJ 201 [HC]

LAND LAW

Customary land - Right to - Claim for native customary rights over land - Whether issue of NCR in accordance with customary law - Whether land fell under definition of "reserved land" - Whether NCR could be created over reserved land - Whether NCR could only be created over Interior Area Land - Whether permit to create NCR obtained - Whether NCR contravened Forest Ordinances - Land Code (Sarawak Cap 81), ss. 2, 5(1), 10(3)
Government Of The State Of Sarawak v. Lah Anyie & Ors
(Abdul Wahab Patail, Tengku Maimun, Hamid Sultan Abu Backer JJCA) [2013] 6 CLJ 133 [CA]

NATIVE LAW AND CUSTOM

Land dispute - Customary rights over land - Claim for - Whether issue of NCR in accordance with customary law - NCR purportedly acquired from Berawan community - Whether Berawan community had NCR rights over land - Whether NCR could be transferred from one community to another
Government Of The State Of Sarawak v. Lah Anyie & Ors
(Abdul Wahab Patail, Tengku Maimun, Hamid Sultan Abu Backer JJCA) [2013] 6 CLJ 133 [CA]

Land dispute - Customary rights over land - Claim for - Whether issue of NCR in accordance with customary law - Whether land fell under definition of "reserved land" - Whether NCR could be created over reserved land - Whether NCR could only be created over Interior Area Land - Whether permit to create NCR obtained - Whether NCR contravened Forest Ordinances - Land Code (Sarawak Cap 81), ss. 2, 5(1), 10(3)
Government Of The State Of Sarawak v. Lah Anyie & Ors
(Abdul Wahab Patail, Tengku Maimun, Hamid Sultan Abu Backer JJCA) [2013] 6 CLJ 133 [CA]

WORDS & PHRASES

"harta sepencarian" - Definition of - Whether refers to property jointly acquired by a husband and wife during subsistence of marriage - Islamic Family Law (Federal Territories) Act 1984, s. 2
Sri Alam Sdn Bhd v. Wan Khairani Wan Mahmood & Ors
(Yeoh Wee Siam J) [2013] 6 CLJ 201 [HC]

"without commitment" - Whether 'commitment' meant 'obligation' - Whether plaintiff undertook to provide services without payment - Whether valid contract subsisted
Teras Kimia Sdn Bhd v. Kerajaan Malaysia
(Nallini Pathmanathan J) [2013] 6 CLJ 219 [HC]

INDEKS PERKARA

UNDANG-UNDANG SYARIKAT

Akaun - Hak pengarah untuk memeriksa - Pengarah dihalang mengakses dokumen berkenaan akaun - Sama ada pengarah mempunyai hak di bawah s. 167 Akta Syarikat 1965 untuk memeriksa dokumen-dokumen syarikat - Sama ada peruntukan s. 167(3) boleh dibaca bersama s. 167(6) - Sama ada s. 167(6) terpakai
Charles Tan Chee Wei lwn. George Tan Chee Haw & Satu Lagi
(Abdul Karim Jalil PK) [2013] 6 CLJ 169 [HC]

Pengarah-pengarah - Hak - Pemeriksaan dokumen berkaitan akaun syarikat - Sama ada pengarah mempunyai hak di bawah s. 167 Akta Syarikat 1965 untuk memeriksa dokumen-dokumen syarikat - Sama ada peruntukan s. 167(3) boleh dibaca bersama s. 167(6) - Sama ada s. 167(6) terpakai
Charles Tan Chee Wei lwn. George Tan Chee Haw & Satu Lagi
(Abdul Karim Jalil PK) [2013] 6 CLJ 169 [HC]