Bulletin_36

CLJ Bulletin, Vol 2005, Issue 36
16 September 2005

Introduction:
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CLJ Supp September (Part 2) 2005

COURT

COURT OF APPEAL

Khaw Cheng Poon & Ors v. Khaw Cheng Bok & Ors & Another Appeal
(Succession - Will - Execution - Validity of) [2005] 3 CLJ 753

Lau Yoke Hee & Anor v. Ting Liang Teng & Anor
(Succession - Administration - Sale of land) [2005] 3 CLJ 770

M Sentivelu R Marimuthu v. Public Services Commission Malaysia & Anor
(Administrative law - Public servants - Dismissal of public officer) [2005] 3 CLJ 778

Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Company law - Members' rights - Locus standi) [2005] 3 CLJ 793

HIGH COURT

Metroplex Bhd & Ors v. Morgan Stanley Emerging Markets Inc & Ors; RHB Sakura Merchant Bankers Bhd & Ors (Interveners)
(Company law - Restraining order - Extension of, application for) [2005] 3 CLJ 810

Naga Jaguh Development Sdn Bhd v. Danaharta Urus Sdn Bhd
(Courts - Jurisdiction - Orders for specific performance and to compel return of earnest money) [2005] 3 CLJ 818

SUBJECT INDEX

ADMINISTRATIVE LAW

Public servants - Disciplinary proceedings - Procedural fairness - Public officer charged with misconduct merely given opportunity to make written representations in answer to charges - Public officer not granted oral hearing - Public officer failing to ask for such oral hearing - Whether fair of disciplinary authority to merely grant public officer opportunity to make written representations - Whether public officer ought to have been given opportunity to be heard orally notwithstanding his failure to ask for oral hearing - Tests for determining whether procedure fair - Reasons for oral hearing
M Sentivelu R Marimuthu v. Public Services Commission Malaysia & Anor
(Gopal Sri Ram, Rahmah Hussain JJCA & Vincent Ng J) [2005] 3 CLJ 778 [CA]

Public servants - Dismissal of public officer - Seven year delay in charging public officer with misconduct - Whether such delay procedurally unfair - Whether such delay evidenced condonation on part of employer of employee's misconduct
M Sentivelu R Marimuthu v. Public Services Commission Malaysia & Anor
(Gopal Sri Ram, Rahmah Hussain JJCA & Vincent Ng J) [2005] 3 CLJ 778 [CA]

CIVIL PROCEDURE

Amendment - Appellate stage - Whether Court of Appeal empowered to order amendments to pleading on appeal - Rules of the Court of Appeal, r. 76
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

Appeal - Appeal to Court of Appeal - Power of Court of Appeal to order amendments - Rules of the Court of Appeal, r. 76
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

Costs - Plaintiff to pay costs - Defendants put to expense by plaintiff - Whether plaintiff obliged to compensate defendants
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

Damages - Exemplary damages - Circumstances where exemplary damages may be awarded - Whether new categories of circumstances admissible
Khaw Cheng Poon & Ors v. Khaw Cheng Bok & Ors & Another Appeal
(Gopal Sri Ram, Ariffin Jaka JJCA & Abdul Wahab Patail J) [2005] 3 CLJ 753 [CA]

Interest - Compound interest - Award of - Whether at discretion of first instance court
Khaw Cheng Poon & Ors v. Khaw Cheng Bok & Ors & Another Appeal
(Gopal Sri Ram, Ariffin Jaka JJCA & Abdul Wahab Patail J) [2005] 3 CLJ 753 [CA]

Judgments and orders - Limits on the grant of orders of court - Orders for specific performance and to compel refund of earnest money sought against Danaharta Urus Sdn Bhd - Whether grant of such orders precluded by Pengurusan Danaharta Nasional Berhad Act 1998, s. 72
Naga Jaguh Development Sdn Bhd v. Danaharta Urus Sdn Bhd
(Low Hop Bing J) [2005] 3 CLJ 818 [HC]

Parties - Locus standi - Test for determining locus standi
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

Specific performance - Danaharta Urus Sdn Bhd - Whether order for specific performance against Danaharta Urus Sdn Bhd precluded by Pengurusan Danaharta Nasional Berhad Act 1998, s. 72
Naga Jaguh Development Sdn Bhd v. Danaharta Urus Sdn Bhd
(Low Hop Bing J) [2005] 3 CLJ 818 [CA]

Striking out - Discretion of court - Failure of High Court to consider whether pleading could be saved by amendment - Whether High Court in error - RHC 1980, O. 18 r. 19
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

Striking out - Discretion of court - Whether court may order an amendment instead of striking out a pleading - Circumstances when court should order a pleading struck out - Whether power to direct amendments under O. 18 r. 19 RHC 1980 a separate and distinct power from power to permit amendment under O. 20 RHC 1980
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

Striking out - Grounds for - Specific performance sought against Danaharta Urus Sdn Bhd - Whether claim obviously unsustainable - Rules of the High Court 1980, O. 18 r. 19(1)(b), (d)
Naga Jaguh Development Sdn Bhd v. Danaharta Urus Sdn Bhd
(Low Hop Bing J) [2005] 3 CLJ 818 [HC]

COMPANY LAW

Arrangements and reconstructions - Restraining order - Extension of, application for - Whether ought to be granted - Companies Act 1965, s. 176(10A)
Metroplex Bhd & Ors v. Morgan Stanley Emerging Markets Inc & Ors; RHB Sakura Merchant Bankers Bhd & Ors (Interveners)
(Vincent Ng J) [2005] 3 CLJ 810 [HC]

Members' rights - Locus standi - Illegal or unlawful acts by company - Whether shareholder had locus standi to challege illegal or unlawful acts of company
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

Members' rights - Locus standi - Test for determining locus standi
Shahidan Shafie v. Atlan Holdings Bhd & Anor & Other Appeals
(Gopal Sri Ram, Richard Malanjum & Hashim Yusoff JJCA) [2005] 3 CLJ 793 [CA]

CONSTITUTIONAL LAW

Courts - Jurisdiction - Orders for specific performance and to compel return of earnest money - Whether court empowered to grant such orders against Danaharta Urus Sdn Bhd - Pengurusan Danaharta Nasional Berhad Act 1998, s. 72
Naga Jaguh Development Sdn Bhd v. Danaharta Urus Sdn Bhd
(Low Hop Bing J) [2005] 3 CLJ 818 [HC]

CONTRACT

Specific performance - Sale and purchase of land - Appeal by administrators of deceased's estate against order decreeing specific performance of sale and purchase agreement - Whether agreement tainted by coercion - Whether there was consideration - Whether wrong for purchasers to enter into possession of land - Whether there was a specifically enforceable contract
Lau Yoke Hee & Anor v. Ting Liang Teng & Anor
(Gopal Sri Ram, Tengku Baharudin Shah JJCA & Zulkefli Ahmad Makinudin J) [2005] 3 CLJ 770 [CA]

Specific performance - Whether precluded by Pengurusan Danaharta Nasional Berhad Act 1998, s. 72
Naga Jaguh Development Sdn Bhd v. Danaharta Urus Sdn Bhd
(Low Hop Bing J) [2005] 3 CLJ 818 [HC]

DAMAGES

Award of - Exemplary damages - Circumstances where exemplary damages may be awarded - Whether new categories of circumstances admissible
Khaw Cheng Poon & Ors v. Khaw Cheng Bok & Ors & Another Appeal
(Gopal Sri Ram, Ariffin Jaka JJCA & Abdul Wahab Patail J) [2005] 3 CLJ 753 [CA]

SUCCESSION

Administration - Sale of land - Appeal by administrators of deceased's estate against order decreeing specific performance of sale and purchase agreement - Whether sale of property belonging to deceased could be transacted without consent of beneficiaries of that estate - Whether decree of specific performance bad in law - Probate and Administration Act 1959, s. 60(2)
Lau Yoke Hee & Anor v. Ting Liang Teng & Anor
(Gopal Sri Ram, Tengku Baharudin Shah JJCA & Zulkefli Ahmad Makinudin J) [2005] 3 CLJ 770 [CA]

Will - Execution - Validity of - Requirements of s. 5 Wills Act 1959 not met - Whether wills failed tests for formal validity - Whether undue influence exercised over deceased in execution of wills - Whether wills valid
Khaw Cheng Poon & Ors v. Khaw Cheng Bok & Ors & Another Appeal
(Gopal Sri Ram, Ariffin Jaka JJCA & Abdul Wahab Patail J) [2005] 3 CLJ 753 [CA]

CASE OF THE WEEK

CHAN YOCK CHER v. CHAN TEONG PENG

CIVIL PROCEDURE: Jurisdiction – Federal Court – Inherent jurisdiction and powers of court

ANNOUNCEMENT

Seminar: International Conference On Law and Commerce 2005 : Simplification and Modernization of Law for Responsible Commerce

Date: 28th - 29th September 2005

Venue: PJ Hilton, Petaling Jaya

Speaker: 44 renowned speakers from universities all over the world

Link: www.myseminars.com.my

CLJ Bulletin
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Seminar:	International Conference On Law and Commerce 2005 : Simplification and Modernization of Law for Responsible Commerce
Date:	28th - 29th September 2005
Venue:	PJ Hilton, Petaling Jaya
Speaker:	44 renowned speakers from universities all over the world
Link:	www.myseminars.com.my