Bulletin_37

CLJ Bulletin, Vol 2004, Issue 37
16 September 2004

Introduction:
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New This Week - 1. CLJ Supp. September (Part 1) 2004

2. CLJ September (Part 3) 2004

CLJ SUPP. SEPTEMBER (PART 1) 2004

SUBJECT INDEX

CIVIL LAW ACT

Assignment - Assignment of receivables - Whether an assignment of specified part of debt - Whether an absolute assignment - Civil Law Act 1956, s. 4(3)
Wong Kim Wah v. The Government Of The State Of Pahang & Anor
(Heliliah Mohd Yusof J) [2004] 7 CLJ 61 [HC]

CIVIL PROCEDURE

Service - Foreign defendant - Service of writ of summons and notice of writ of summons via courier - Whether there was good service - Whether plaintiff’s applications to renew writ merely attempts to circumvent limitation period - Whether court ought to cure defects in service - Whether there was compliance with laws regulating service in Japan and Malaysia - Whether issuance and purported service ought to be set aside
Fiden Electrical Engineering Sdn Bhd v. Nippon Seiko KK & Ors
(Abdul Malik Ishak J) [2004] 7 CLJ 12 [HC]

Writ of summons - Setting aside - Service - Foreign defendant - Whether there was good service - Whether plaintiff’s applications to renew writ merely attempts to circumvent limitation period - Whether court ought to cure defects in service - Whether there was compliance with laws regulating service in Japan and Malaysia - Whether issuance and purported service ought to be set aside
Fiden Electrical Engineering Sdn Bhd v. Nippon Seiko KK & Ors
(Abdul Malik Ishak J) [2004] 7 CLJ 12 [HC]

COMPANY LAW

Winding-up - Petition - Statutory demand - Service - Whether there was proper service of statutory demand and petition on respondent - Companies Act 1965, s. 218(2)(a) - Companies (Winding-Up) Rules 1972, r. 25(1)
Oh Keat Seng v. Desaminium Jaya Sdn Bhd
(Vincent Ng J) [2004] 7 CLJ 43 [HC]

Winding-up - Petition - Triable issue - Whether debt bona fide disputed - Whether petitioner had locus standi as creditor to file petition - Whether petition an abuse of process of court
Oh Keat Seng v. Desaminium Jaya Sdn Bhd
(Vincent Ng J) [2004] 7 CLJ 43 [HC]

CONTRACT

LAND LAW

Dealings in land - Native Area Land - Transfer of native’s rights and interests over land in Native Area Land to a non-native - Whether prohibited by law - Whether non-native could acquire good title to pass on to subsequent donees - Land Code (Cap 81) (Sarawak), s. 8 - Contracts Act 1950, s. 24
Awang Osen Awang Mat v. Norhazlena Abdurani & Ors
(Abdul Aziz Abdul Rahim JC) [2004] 7 CLJ 1 [HC]

Transfer - Indefeasibility of title and interests - Transfer of native’s rights and interest over land in Native Area Land to a non-native - Whether instrument of transfer improper and illegal - Whether there was an allegation of fraud - Whether title indefeasible - Land Code (Cap 81) (Sarawak), ss. 132(1), 133(1), 134(1), (2)
Awang Osen Awang Mat v. Norhazlena Abdurani & Ors
(Abdul Aziz Abdul Rahim JC) [2004] 7 CLJ 1 [HC]

LIMITATION

Enforcement of judgment - Interlocutory application by plaintiff for delivery of issue document of title in respect of certain land - Whether present application a fresh action or a consequential proceeding towards enforcing judgment - Whether application time-barred - Effect of an earlier application filed by plaintiff within limitation period - Limitation Act 1953, s. 6(3)
Soo Chow Lai v. Tan Ah Tong & Anor
(Mohd Hishamudin Yunus J) [2004] 7 CLJ 54 [HC]

NATIVE LAW AND CUSTOM

Land dispute - Native Area Land - Transfer of native’s rights and interests over land in Native Area Land to a non-native - Whether prohibited by law - Whether non-native could acquire good title to pass on to subsequent donees - Land Code (Cap 81) (Sarawak), s. 8 - Contracts Act 1950, s. 24
Awang Osen Awang Mat v. Norhazlena Abdurani & Ors
(Abdul Aziz Abdul Rahim JC) [2004] 7 CLJ 1 [HC]

WORDS & PHRASES

"action" - Limitation Act 1953, s. 6(3) - Interpretation of
Soo Chow Lai v. Tan Ah Tong & Anor
(Mohd Hishamudin Yunus J) [2004] 7 CLJ 54 [HC]

CLJ SEPTEMBER (PART 3) 2004

SUBJECT INDEX

CIVIL PROCEDURE

Contempt of court - Order of committal, application for - Defendants defying order of Court of Appeal - Order made by Court of Appeal upon reversing decision of High Court - Whether plaintiffs’ application to Court of Appeal to commit defendants misconceived - Whether Court of Appeal lacked jurisdiction to entertain application - Whether application should have been made before High Court - Whether High Court the proper forum seised with the jurisdiction
Loh Eng Leong & Ors v. Lo Mu Sen & Sons Sdn Bhd & Anor
(Gopal Sri Ram, Arifin Jaka JJCA & Abdul Wahab Patail J) [2004] 3 CLJ 675 [CA]

CONTRACT

Sale and purchase of property - ‘Subject to contract’ agreements - Agreement subject to signing of formal sale agreement - Parties disagreed on term to be incorporated in formal agreement - Whether there was a concluded contract between parties notwithstanding use of phrase "subject to contract" in proforma of sale - Pleadings - Equitable remedies
Sinar Wang Sdn Bhd v. Ng Kee Seng
(Gopal Sri Ram, Abdul Kadir Sulaiman & Arifin Zakaria JJCA) [2004] 3 CLJ 679 [CA]

COSTS

Bill of costs - Getting-up fee - Judge reviewing registrar’s certificate under
O. 59 r. 36 Rules of the High Court 1980 - Fourteen-day time-limit to apply for review under O. 59 r. 36(2) - Whether only begins to run after registrar has signed certificate - Whether applicant out of time - Whether application for review of registrar’s certificate involved substantive issues of principle - Whether actually an appeal against quantum - Whether High Court or Court of Appeal should be slow to interfere with registrar’s award for getting-up
Tan Boon Bak Trading Sdn Bhd v. Chua Choong Yin
(Gopal Sri Ram, Abdul Kadir Sulaiman & Hashim Yusoff JJCA) [2004] 3 CLJ 695 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B - Section 2 - Trafficking in a dangerous drug - Common intention, whether established - Whether there was a pre-arranged plan - Whether accused had knowledge that bag contained dangerous drug - Definition of trafficking, whether ‘subject to requirement of context’ - Whether there was a ‘negotiated sale’ - Whether conviction unsafe - Whether accused had control of bag containing dangerous drug - Whether s. 37(d) applicable - Whether offence under s. 39A(2) proved
Asdanusi Daut & Anor v. PP
(Gopal Sri Ram, KC Vohrah & Mohamed Noor Ahmad JJCA) [2004] 3 CLJ 669 [CA]

Penal Code - Section 302 - Murder - Mens rea - Motive - Whether relevant in case where evidence primarily circumstantial
PP v. Hanif Basree Abdul Rahman
(Abdull Hamid Embong J) [2004] 3 CLJ 700 [HC]

CRIMINAL PROCEDURE

Prosecution - Close of prosecution - Prima facie case - Whether scientific evidence established prima facie case
PP v. Hanif Basree Abdul Rahman
(Abdull Hamid Embong J) [2004] 3 CLJ 700 [HC]

Prosecution - Prosecution’s case - Circumstantial evidence - Evaluation of such evidence by court in determining whether prima facie case established
PP v. Hanif Basree Abdul Rahman
(Abdull Hamid Embong J) [2004] 3 CLJ 700 [HC]

EVIDENCE

Witness - Credibility of - Witnesses changing statements incredibly - Assessment of such evidence - Approach of court
PP v. Hanif Basree Abdul Rahman
(Abdull Hamid Embong J) [2004] 3 CLJ 700 [HC]

Witness - Failure of prosecution to call witness - Crucial witness - Whether fatal gap in prosecution’s case
PP v. Hanif Basree Abdul Rahman
(Abdull Hamid Embong J) [2004] 3 CLJ 700 [HC]

WORDS & PHRASES

"certificate" - Rules of the High Court 1980, O. 59 r. 1(1) - Whether includes an ‘allocatur’ - Whether certificate can also come in the form of a ‘reasoned judgment’ in support of the registrar’s decision
Tan Boon Bak Trading Sdn Bhd v. Chua Choong Yin
(Gopal Sri Ram, Abdul Kadir Sulaiman & Hashim Yusoff JJCA) [2004] 3 CLJ 695 [CA]

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