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CLJ Bulletin, Issue 2013, Vol 37 13 September 2013 Print this page 
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New This Week
1. Cases Of The Week
b) KHAIRY JAMALUDDIN v. DATO' SERI ANWAR IBRAHIM
c) PP lwn. TAN CHIN SHONG [2013] 1 SMC 123
2. Latest Cases
3. Articles
4. Legislation Highlights
c) PU(A)
d) PU(B)
HASBALA MOHD SARONG v. PP
FEDERAL COURT, PUTRAJAYA
RAUS SHARIF PCA, ZULKEFLI MAKINUDIN CJ (MALAYA), HASHIM YUSOFF FCJ, ABDULL HAMID EMBONG FCJ, JEFFREY TAN FCJ
[CRIMINAL APPEAL NO: 05-87-05-2012(B)]
26 JUNE 2013
CRIMINAL LAW: Dangerous Drugs Act 1952 - Section 39B(1)(a) - Conviction and sentence - Appeal against - Allegation of material discrepancies in evidence - Whether discrepancies satisfactorily explained - Whether discrepancies created reasonable doubt as to identity of evidence
CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Conviction for offence under s. 39B(1)(a) of Dangerous Drugs Act 1952 - Allegation of material discrepancies in evidence - Whether issue of discrepancies raised in lower courts - Whether discrepancies satisfactorily explained - Whether created reasonable doubt as to identity of evidence
EVIDENCE: Exhibits - Identity of exhibits - Conviction for offence under s. 39B(1)(a) of Dangerous Drugs Act 1952 - Allegation of material discrepancies in identity of evidence - Whether discrepancies satisfactorily explained - Whether discrepancies created reasonable doubt as to identity of evidence - Whether there was break in chain of evidence
EVIDENCE: Judicial notice - Gross weight of drugs exhibits - Drugs exhibits weighed lesser after three months - Whether environmental factors attributed to difference in weight of drugs exhibits - Difference in weighing process - Whether disparity in weight of drugs recorded inevitable
KHAIRY JAMALUDDIN v. DATO' SERI ANWAR IBRAHIM
COURT OF APPEAL, PUTRAJAYA
RAMLY ALI JCA, ZAHARAH IBRAHIM JCA, ANANTHAM KASINATHER JCA
[CIVIL APPEAL NO: W-02(IM)-3251-12-2011]
24 APRIL 2013
CIVIL PROCEDURE: Striking out - Application for - Claim for defamation - Libel - Defence of justification - Whether issues raised solely on question of law - Whether question of law at first blush involved some complexity - Whether issues raised required careful consideration of court of first instance - Whether court could grant summary judgment
TORT: Defamation - Libel - Defence of justification - Whether words uttered true in their natural and/or ordinary meaning and/or innuendo meaning - Whether factual findings in criminal case involving respondent applicable in present case - Whether judgment of a criminal court admissible as evidence in civil case - Evidence Act 1950, s. 43
PP lwn. TAN CHIN SHONG [2013] 1 SMC 123 
MAHKAMAH MAJISTRET, TELUK INTAN
MOHD IZHAM ALI MJ
[KES TANGKAP NO: 83100/3-2012]
5 SEPTEMBER 2012
UNDANG-UNDANG JENAYAH: Akta Penagih Dadah (Rawatan dan Pemulihan) 1983 - Seksyen 6(2)(d) - Pelanggaran syarat-syarat perintah pengawasan - Sama ada tertuduh mengetahui dan memahami syarat-syarat ketika di bawah pengawasan - Sama ada air kencing tertuduh mengandungi dadah jenis Morphine - Sama ada rantaian keterangan terputus
PENAHANAN PENCEGAHAN: Akta Penagih Dadah (Rawatan dan Pemulihan) 1983 - Seksyen 6(2)(d) - Pelanggaran syarat-syarat perintah pengawasan - Sama ada tertuduh mengetahui dan memahami syarat-syarat ketika di bawah pengawasan - Sama ada air kencing tertuduh mengandungi dadah jenis Morphine - Sama ada rantaian keterangan terputus
JUDICIAL QUOTES
VIJEYAN KUNJOO v. PP [2008] 5 CLJ 504
[2] Issue: Whether the learned Magistrate was wrong in not applying the “gap principle” when sentencing the accused for drug offences, and in treating the accused as a habitual drug offender notwithstanding that the two previous drug convictions which the accused had suffered from occurred in 1989 and 1999 respectively.
“The learned Magistrate had seriously erred when she took into account matters which were not in existence and imposed a sentence based on the wrong set of facts. Instead of four previous convictions for drugs, the appellant only had two and that also in 1989 and 1999, a gap of ten years and with the present case in 2007, another gap of eight years. In that light, the learned Magistrate should have used the gap principle in imposing the appropriate sentence” – per Suraya Othman J in Vijeyan Kunjoo v. PP [2008] 5 CLJ 504.
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Legal Network Series
SYARIKAT PEMBENAAN FAJAR BARU (REMBAU) SDN BHD v. CARRIER (MALAYSIA) SDN BHD
CONTRACT: Construction of terms of contract - Intention of parties - Which party liable to pay import duty and sales taxes for 11 chillers - Whether any term in agreement between plaintiff and defendant that all import duty would be paid by defendant - Whether prices of chillers were intended to be duty paid - Whether there were typographical errors in the second quotation resulting in the intention of the parties being misconstrued - Whether plaintiff received defendant's letter dated 8 June 1998
CONTRACT: Estoppel - Estoppel by conduct - Whether plaintiff aware that parties' dealing was transacted on basis that prices of chillers were to be duty free - Whether unjust to allow plaintiff to go back on transaction as intended by them - Whether plaintiff estopped from doing so
CONTRACT: Mistake - Typographical or clerical error on the face of second quotation - Whether second quotation must be construed as if parties were transacting on basis that price of chillers were duty free - Whether inclusion of words that indicated transaction was otherwise than on a duty free basis to be completely ignored
CONTRACT: Construction of terms of contract - Contra proferentum rule - Whether there was ambiguity in second quotation that the chillers were meant to be duty free - Whether import duty was to be paid by plaintiff - Whether contra proferentum rule applicable
INDRATANA ELGIRIYE & ANOR v. JOTHI RENGASAMY & ANOR
CIVIL PROCEDURE: Limitation - Whether plaintiffs claim barred by s. 9 of the Limitation Act 1953 - Whether plaintiffs were duly registered under the National Land Code as trustees for Mahindrama Temple holding proprietary interests in the land - Whether s. 9(2)(b) of the Limitation Act 1953 and s. 341 of the National Land Code 1965 were the governing provisions - Whether plaintiffs barred under the Limitation Act 1953 to pursue claim for vacant possession of land or part of land occupied by defendants
LAND LAW: Adverse possession - Claim to title by adverse possession - Whether fact that 1st defendant and his late father had been in occupation of part of land for over 40 years conferred any right or interests on them
LAND LAW: Indefeasibity of title and interests - Registration - Whether plaintiffs were rightful registered trustees of land for Mahindrama Temple and had proprietary interests in the land - Whether plaintiffs' title or interest was indefeasible under s. 340 of the National Land Code 1965
LAND LAW: Vacant possession - Claim for - Whether plaintiffs being registered proprietors had the right to seek vacant possession from defendants occupying land or a part thereof - Revocation of defendants gratuitous licence - Whether defendants should quit and deliver vacant possession of land to plaintiffs
MOHAMAD RAMBLI KAWI v. SUPERINTENDANT OF LANDS KUCHING & ANOR
NATIVE LAW AND CUSTOM: Land dispute - Customary rights over land - Extinguishment of - Whether ss. 5(3) and (4) of the Land Code unconstitutional
NATIVE LAW AND CUSTOM: Land dispute - Customary rights over land - Whether plaintiff acquired native customary rights over 51 parcels of land or any part thereof - Whether plaintiff proved that sellers who surrendered their land via "Surat Perjanjian Menyerah Tanah Temuda" to plaintiff had native customary rights (NCR) in the 51 parcels of land - If so, whether plaintiff could have acquired the NCR in the 51 parcels of land by way of 'Serah' - Whether natives in Sarawak could dispose their native customary lands among natives themselves for value provided there was no prohibition to do so in the custom of that native community - Whether 'serah' was part of the customary practice of the Malay - Whether 1st defendant was right in law, to reject plaintiff's claims to NCR over the 51 parcels of land and or any part thereof - Whether plaintiff entitled to aggravated and exemplary damages
MAYBANK v. CHEO AI MEE & ANOR
ADMINISTRATIVE LAW: Judicial review - Application for - Certiorari - Finding by Industrial Court that 1st respondent's transfer was mala fide with the motive to punish her - Whether Industrial Court failed to consider that the transfer was a recommendation made by the audit team for reasons stated in audit report - Whether Industrial Court failed to consider that a transfer was within 1st respondent's terms and conditions of service - Whether Industrial Court erred when it failed to consider relevant matters and had given undue weight to irrelevant matters in concluding that applicant's conduct was a fundamental breach of 1st respondent's contract of employment - Whether a reasonable tribunal similarly circumstanced would have arrived at the conclusion the Industrial Court did
MUHAMAD ZUKI MAT ZIN v. MMN BINA SDN BHD & ANOR
ADMINISTRATIVE LAW: Judicial review - Application for - Certiorari - Industrial Court found no evidence of a contractual relationship between applicant and 1st respondent from January till April 2005 - Whether Industrial Court erred by failing to consider clear admission by 1st respondent in its statement in reply that applicant was employed until 30 April 2005 - Finding by Industrial Court that applicant failed to prove he was continuously in 1st respondent's employment till April 2005 - Whether finding was contrary to the evidence produced - Whether Industrial Court committed errors of law by making findings unsupported by evidence - Whether reasonable tribunal similarly circumstanced would have come to same conclusion that Industrial Court did
CLJ 2013 Volume 6 (Part 7)
COURT
FEDERAL COURT
Bisi Jinggot v. Superintendent Of Lands And Surveys Kuching Division & Ors
Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong, Suriyadi Halim Omar, Hasan Lah FCJJ
(Land Law; Native Law And Custom - Creation of native customary land - Inheritance) [2013] 6 CLJ 805 [FC]COURT OF APPEAL
Hubah Sdn Bhd & Ors v. Koperasi Pusaka (Penampang) Bhd
Ramly Ali, Azhar Ma'ah, Abdul Aziz Abdul Rahim JJCA
(Unincorporated Association - Co-operative society - Land transaction - Bona fide purchasers) [2013] 6 CLJ 837 [CA]Khairy Jamaluddin v. Dato' Seri Anwar Ibrahim
Ramly Ali, Zaharah Ibrahim, Anantham Kasinather JJCA
(Civil Procedure; Tort - Defamation - Libel - Defence of justification) [2013] 6 CLJ 849 [CA]HIGH COURT
Azman Zain Ahmed Mohd Zin v. Cimb Bank Bhd
Mary Lim J
(Bankruptcy - Adjudication and receiving orders - Appeal against - Preliminary objections - Name of judgment debtor) [2013] 6 CLJ 862 [HC]Far East Management & Resources (M) Sdn Bhd lwn. Perwira Affin Bank Bhd
Kamaludin Md Said pK
(Kontrak; Prosedur Sivil - Kemungkiran - Pliding - Tuntutan balas - Penemuan fakta) [2013] 6 CLJ 870 [HC]Re Lai Yet Chung; ex p Ocbc Bank (M) Bhd & Another Case
Lee Swee Seng JC
(Bankruptcy - Act of bankruptcy - Judgment debt - Dispute as to debt) [2013] 6 CLJ 899 [HC]The Government Of India v. Petrocon India Ltd
Alizatul Khair Osman J
(Arbitration - Award - Setting aside - Juridical seat of arbitration) [2013] 6 CLJ 913 [HC]SUBJECT INDEX
ARBITRATION
Award - Setting aside - Decision of arbitral tribunal - Partial award - Respondent granted leave to set aside partial award - Kuala Lumpur (KL) designated as juridical seat of arbitration - Whether juridical seat of arbitration had been shifted from KL to London by consent of parties - Whether respondent estopped by its own conduct from denying that seat of arbitration had been shifted to London - Leave to serve motion out of jurisdiction - Whether ought to have been granted
The Government Of India v. Petrocon India Ltd
(Alizatul Khair Osman J) [2013] 6 CLJ 913 [HC]BANKRUPTCY
Act of bankruptcy - Application to set aside bankruptcy notice, adjudicating order and receiving order - Whether notice to oppose petition defective - Whether notice to oppose needed to be followed by an application supported by affidavit - Whether affidavit opposing petition was rightfully rejected - Whether judgment debtor out of time to raise grounds to set aside creditor's petition - Bankruptcy Act 1967, s. 3(2)(ii)
Re Lai Yet Chung; ex p Ocbc Bank (M) Bhd & Another Case
(Lee Swee Seng JC) [2013] 6 CLJ 899 [HC]Act of bankruptcy - Judgment debt - Challenge of - Dispute as to debt - Whether judgment debtor filed notice within seven days after service of bankruptcy notice - Whether general challenge adequate - Whether affidavit in opposition bereft of notice of application could substitute notice to show cause against creditor's petition to challenge debt - Bankruptcy Act 1967, ss. 3(2)(ii) & 131
Re Lai Yet Chung; ex p Ocbc Bank (M) Bhd & Another Case
(Lee Swee Seng JC) [2013] 6 CLJ 899 [HC]Adjudication and receiving orders - Appeal against - Preliminary objections - Sanction of Official Assignee/Director of Insolvency - Whether procured - Whether judgment debtor procured sanction of Official Assignee/Director of Insolvency to maintain action - Whether judgment debtor required to file mandatory pre-requisite documents under s. 3(2)(ii) Bankruptcy Act 1967 and rr. 18 and 117 Bankruptcy Rules 1969 - Judgment debtor's notice of intention to oppose petition struck out - Whether judgment debtor ought to have appealed against striking out of notice of intention to oppose petition instead of filing present appeal - Bankruptcy Act 1967, s. 92
Azman Zain Ahmed Mohd Zin v. Cimb Bank Bhd
(Mary Lim J) [2013] 6 CLJ 862 [HC]Notice - Name of judgment debtor - Name appearing in bankruptcy notice and creditor's petition not same as that appearing in judgment in default - Whether name of intended bankrupt absolutely vital - Whether mistake in name negated act of bankruptcy - Bankruptcy Act 1967, ss. 3(2)(ii), 38 & 92 - Bankruptcy Rules 1969, rr. 18 & 117
Azman Zain Ahmed Mohd Zin v. Cimb Bank Bhd
(Mary Lim J) [2013] 6 CLJ 862 [HC]CIVIL PROCEDURE
Striking out - Application for - Claim for defamation - Libel - Defence of justification - Whether issues raised solely on question of law - Whether question of law at first blush involved some complexity - Whether issues raised required careful consideration of court of first instance - Whether court could grant summary judgment
Khairy Jamaluddin v. Dato' Seri Anwar Ibrahim
(Ramly Ali, Zaharah Ibrahim, Anantham Kasinather JJCA) [2013] 6 CLJ 849 [CA]LAND LAW
Customary land - Native Customary Rights (NCRs) - Claim for - Whether appellant acquired NCRs over parcels of land through sale and purchase agreements - Creation of native customary land - Whether conditional upon adherence to custom or common practice of community - Whether acquisition of NCR by clearance, cultivation and occupation of land or inheritance undertaken by appellant - Whether individual customary rights transferable by sale or otherwise for value - Whether appellant eligible to inherit or acquire through "tungkus asi" procedure - Appellant not native of community - Whether appellant failed to qualify as legitimate recipient from vendors - Sarawak Land Code 1958, s. 5(2)(f)
Bisi Jinggot v. Superintendent Of Lands And Surveys Kuching Division & Ors
(Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong, Suriyadi Halim Omar, Hasan Lah FCJJ) [2013] 6 CLJ 805 [FC]NATIVE LAW AND CUSTOM
Declaratory order - Application for - Land dispute - Native Customary Rights (NCRs) - Whether appellant acquired NCRs over parcels of land through sale and purchase agreements - Creation of native customary land - Whether conditional upon adherence to custom or common practice of community - Whether acquisition of NCR by clearance, cultivation and occupation of land or inheritance undertaken by appellant - Whether individual customary rights transferable by sale or otherwise for value - Whether appellant eligible to inherit or acquire through "tungkus asi" procedure - Appellant not native of community - Whether appellant failed to qualify as legitimate recipient from vendors - Sarawak Land Code 1958, s. 5(2)(f)
Bisi Jinggot v. Superintendent Of Lands And Surveys Kuching Division & Ors
(Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong, Suriyadi Halim Omar, Hasan Lah FCJJ) [2013] 6 CLJ 805 [FC]Land dispute - Native Customary Rights (NCRs) - Whether appellant acquired NCRs over parcels of land through sale and purchase agreements - Creation of native customary land - Whether conditional upon adherence to custom or common practice of community - Whether acquisition of NCR by clearance, cultivation and occupation of land or inheritance undertaken by appellant - Whether individual customary rights transferable by sale or otherwise for value - Whether appellant eligible to inherit or acquire through "tungkus asi" procedure - Appellant not native of community - Whether appellant failed to qualify as legitimate recipient from vendors - Sarawak Land Code 1958, s. 5(2)(f)
Bisi Jinggot v. Superintendent Of Lands And Surveys Kuching Division & Ors
(Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong, Suriyadi Halim Omar, Hasan Lah FCJJ) [2013] 6 CLJ 805 [FC]TORT
Defamation - Libel - Defence of justification - Whether words uttered true in their natural and/or ordinary meaning and/or innuendo meaning - Whether factual findings in criminal case involving respondent applicable in present case - Whether judgment of a criminal court admissible as evidence in civil case - Evidence Act 1950, s. 43
Khairy Jamaluddin v. Dato' Seri Anwar Ibrahim
(Ramly Ali, Zaharah Ibrahim, Anantham Kasinather JJCA) [2013] 6 CLJ 849 [CA]UNINCORPORATED ASSOCIATION
Societies - Co-operative society - Land transaction - Bona fide purchasers - Failure to obtain approval of members in general meeting - Whether board of co-operative society authorised to develop lands and enter into joint ventures - Whether third parties concerned with indoor management of co-operative society - Whether transaction entered for benefit of co-operative society - Whether matters raised could be determined under O. 14A Rules of Court 2012 - Co-operative Societies Act 1993, s. 36
Hubah Sdn Bhd & Ors v. Koperasi Pusaka (Penampang) Bhd
(Ramly Ali, Azhar Ma'ah, Abdul Aziz Abdul Rahim JJCA) [2013] 6 CLJ 837 [CA]INDEKS PERKARA
KONTRAK
Kemungkiran - Perjanjian kemudahan pembiayaan - Cagaran dalam bentuk gadaian pihak ketiga ke atas hartanah - Sama ada pemberi pembiayaan gagal mengeluarkan sebahagian besar daripada kemudahan pembiayaan - Sama ada satu kemungkiran kontrak - Sama ada peminjam berjaya membuktikan kerugian dan kehilangan
Far East Management & Resources (M) Sdn Bhd lwn. Perwira Affin Bank Bhd
(Kamaludin Md Said PK) [2013] 6 CLJ 870 [HC]PROSEDUR SIVIL
Pliding - Memplidkan fakta material - Tuntutan balas - Tuntutan yang tidak diplidkan - Sama ada boleh dibicarakan atau dibuktikan - Sama ada keterangan dikemukakan berkaitan perkara yang tidak diplidkan - Sama ada plaintif keliru dan tersalah arah - Sama ada plaintif mengetahui isu tuntutan - Sama ada pembuktian boleh diteruskan - Rosita Baharom (An Infant Suing By Her Father And Next Friend Baharom Ismail) & Anor v. Sabedin Salleh
Far East Management & Resources (M) Sdn Bhd lwn. Perwira Affin Bank Bhd
(Kamaludin Md Said PK) [2013] 6 CLJ 870 [HC]Rayuan - Penemuan fakta - Mahkamah rayuan perlahan dalam mengganggu penemuan fakta - Beban pembuktian - Sama ada terletak pada perayu - Sama ada keputusan hakim perbicaraan ternyata salah
Far East Management & Resources (M) Sdn Bhd lwn. Perwira Affin Bank Bhd
(Kamaludin Md Said PK) [2013] 6 CLJ 870 [HC]
CLJ 2013 Volume 6 (Part 8)
COURT
FEDERAL COURT
Hasbala Mohd Sarong v. PP
Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Jeffrey Tan FCJJ
(Criminal Law; Criminal Procedure; Evidence - Appeal - Appeal against conviction and sentence - Conviction for offence under s. 39B(1)(a) of Dangerous Drugs Act 1952 - Allegation of material discrepancies in evidence) [2013] 6 CLJ 945 [FC]COURT OF APPEAL
Projek Lebuh Raya Utara-Selatan Sdn Bhd v. Kim Seng Enterprise (Kedah) Sdn Bhd
Abdul Malik Ishak, Abu Samah Nordin, Linton Albert JJCA
(Civil Procedure; Tort - Pleadings - Issues - Decision based on unpleaded issues - Whether decision liable to be set aside) [2013] 6 CLJ 958 [CA]HIGH COURT
Burhanudin Zainal Azman v. Sunrise Palace Sdn Bhd
Choong Siew Khim JC
(Contract - Misrepresentation - Sale and purchase of property - Housing developer) [2013] 6 CLJ 1000 [HC]PSC-Naval Dockyard Sdn Bhd v. Mahkamah Perusahaan Malaysia, Cawangan Perak & Anor
Lee Swee Seng JC
(Civil Procedure; Labour Law - Judicial review - Application to quash award of Industrial Court) [2013] 6 CLJ 1009 [HC]Syarikat Pukin Ladang Kelapa Sawit Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
Rohana Yusuf J
(Revenue Law - Income Tax - Deduction - Whether penalty under s. 113(2) Income Tax Act 1967 operates whether or not taxpayer acted in good faith) [2013] 6 CLJ 1032 [HC]Ting Su Lee v. Lie Nyuk Kie
Sangau Gunting J
(Civil Procedure; Succession - Injunction - Interim injunction - Injunction to restrain administrator from exercising rights under letters of administration until final determination of action) [2013] 6 CLJ 1048 [HC]Vivamall Sdn Bhd & Ors v. TDC Construction Sdn Bhd & Ors
Zabariah Mohd Yusof J
(Civil Procedure; Tort - Injunction - Application for - Injunction to restrain party from approaching, interfering with or harassing another) [2013] 6 CLJ 1057 [HC]SUBJECT INDEX
CIVIL PROCEDURE
Injunction - Application for - Injunction to restrain party from approaching, interfering with or harassing another - Whether applicants showed real risk of continued harassment - Whether applicant justified in being fearful for safety - Damages - Whether appropriate remedy - Whether defendants prejudiced by restraining order
Vivamall Sdn Bhd & Ors v. TDC Construction Sdn Bhd & Ors
(Zabariah Mohd Yusof J) [2013] 6 CLJ 1057 [HC]Injunction - Interim injunction - Injunction to restrain administrator from exercising rights under letters of administration until final determination of action - Whether validity of letters of administration challenged - Whether administrator had made use of rights conferred upon him under letters of administration - Whether grave and imminent danger shown - Issuance of letters of administration - Whether probate officer acted in excess of jurisdiction - Whether considered - Sivanendran Markandoo & Anor v. Dr Mahendran Markandoo
Ting Su Lee v. Lie Nyuk Kie
(Sangau Gunting J) [2013] 6 CLJ 1048 [HC]Judicial review - Application to quash award of Industrial Court - Claimant granted backwages and compensation in lieu of reinstatement for being unfairly dismissed - Gross negligence resulting in loss of sum - Defence of compliance with superior orders - Whether Industrial Court erred in decision - Whether intention an ingredient of negligence - Whether instructions by superior lawful
PSC-Naval Dockyard Sdn Bhd v. Mahkamah Perusahaan Malaysia, Cawangan Perak & Anor
(Lee Swee Seng JC) [2013] 6 CLJ 1009 [HC]Pleadings - Issues - Decision based on unpleaded issues - Whether decision liable to be set aside - Trial court held plaintiff's claim for damages had been proven based on negligence and vicarious liability when neither issue was pleaded in statement of claim - Whether quantum of damages claimed had not been proven
Projek Lebuh Raya Utara-Selatan Sdn Bhd v. Kim Seng Enterprise (Kedah) Sdn Bhd
(Abdul Malik Ishak, Abu Samah Nordin, Linton Albert JJCA) [2013] 6 CLJ 958 [CA]CONTRACT
Misrepresentation - Sale and purchase of property - Housing developer - Representation that Housing project provided with gated and 24 hours' security guard control system - Failure to provide system - Reliance on brochure - Allegation of - Whether there was breach of Contract - Whether meaning of security patrol could be distinguished from 24 hours' security guard control system - Whether there was admission of representation made of gated community prior to signing of sale and purchase Agreement - Whether defendant misrepresented to plaintiff
Burhanudin Zainal Azman v. Sunrise Palace Sdn Bhd
(Choong Siew Khim JC) [2013] 6 CLJ 1000 [HC]CRIMINAL LAW
Dangerous Drugs Act 1952 - Section 39B(1)(a) - Conviction and sentence - Appeal against - Allegation of material discrepancies in evidence - Whether discrepancies satisfactorily explained - Whether discrepancies created reasonable doubt as to identity of evidence
Hasbala Mohd Sarong v. PP
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Jeffrey Tan FCJJ) [2013] 6 CLJ 945 [FC]CRIMINAL PROCEDURE
Appeal - Appeal against conviction and sentence - Conviction for offence under s. 39B(1)(a) of Dangerous Drugs Act 1952 - Allegation of material discrepancies in evidence - Whether issue of discrepancies raised in lower courts - Whether discrepancies satisfactorily explained - Whether created reasonable doubt as to identity of evidence
Hasbala Mohd Sarong v. PP
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Jeffrey Tan FCJJ) [2013] 6 CLJ 945 [FC]EVIDENCE
Exhibits - Identity of exhibits - Conviction for offence under s. 39B(1)(a) of Dangerous Drugs Act 1952 - Allegation of material discrepancies in identity of evidence - Whether discrepancies satisfactorily explained - Whether discrepancies created reasonable doubt as to identity of evidence - Whether there was break in chain of evidence
Hasbala Mohd Sarong v. PP
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Jeffrey Tan FCJJ) [2013] 6 CLJ 945 [FC]Judicial notice - Gross weight of drugs exhibits - Drugs exhibits weighed lesser after three months - Whether environmental factors attributed to difference in weight of drugs exhibits - Difference in weighing process - Whether disparity in weight of drugs recorded inevitable
Hasbala Mohd Sarong v. PP
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Jeffrey Tan FCJJ) [2013] 6 CLJ 945 [FC]LABOUR LAW
Industrial Court - Award - Application to quash award upholding claimant's case of unfair dismissal - Whether Industrial Court committed an error of law warranting High Court's interference - Whether onus on employer to have called claimant's superior to rebut claimant's defence of compliance with superior order
PSC-Naval Dockyard Sdn Bhd v. Mahkamah Perusahaan Malaysia, Cawangan Perak & Anor
(Lee Swee Seng JC) [2013] 6 CLJ 1009 [HC]REVENUE LAW
Income Tax - Deduction - Whether deductions could be given for advanced rentals paid under 60-year lease agreement - Whether only annual rental deductible expense for any basis year as expense 'wholly and exclusively incurred in the production of gross income' - Whether payment of more rent than what was payable in any basis year did not make such excess capital expenditure - Whether penalty under s. 113(2) Income Tax Act 1967 operates whether or not taxpayer acted in good faith - Income Tax Act 1967, s. 33(1)(b)
Syarikat Pukin Ladang Kelapa Sawit Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Rohana Yusuf J) [2013] 6 CLJ 1032 [HC]SUCCESSION
Letters of administration - Validity of - Whether validity of letters of administration challenged - Whether letters of administration valid - Issuance by probate officer - Whether probate officer acted in excess of jurisdiction - Whether considered
Ting Su Lee v. Lie Nyuk Kie
(Sangau Gunting J) [2013] 6 CLJ 1048 [HC]TORT
Damages - Negligence - Landslide occurred on hill of lands which threatened to affect highway - Concessionaire entered into temporary occupation agreement to enter and occupy lands to carry out slope-cutting and rehabilitation works - Clause in agreement requiring area to be cleaned when works completed - Failure to remove excavated earth from work site - Earth dumped all over lands adjacent to highway - Whether removal and dumping of earth came within concessionaire's scope - Whether concessionaire vicariously liable for acts of its contractors
Projek Lebuh Raya Utara-Selatan Sdn Bhd v. Kim Seng Enterprise (Kedah) Sdn Bhd
(Abdul Malik Ishak, Abu Samah Nordin, Linton Albert JJCA) [2013] 6 CLJ 958 [CA]Nuisance - Harassment - Appointment of contractor to carry out refurbishment project - Failure of contractor to complete project - Replacement of contractor - Demand of sum by contractor for works done - Harassment and intimidation for payment - Threats made via telephone calls, SMS and by showing up in groups at home and office - Application for injunction to restrain party from approaching, interfering with or harassing another - Whether applicant showed real risk of continued harassment - Whether applicant justified in being fearful for safety - Whether defendants prejudiced by restraining order
Vivamall Sdn Bhd & Ors v. TDC Construction Sdn Bhd & Ors
(Zabariah Mohd Yusof J) [2013] 6 CLJ 1057 [HC]
Legal Network Series Article
1. IMPACT OF THE PERSONAL DATA PROTECTION ACT 2010 ON EMPLOYERS [Read excerpt]
by: WONG KIAN JUN* [2013] 1 LNS(A) lviii2. PRINCIPLE OF STRICT COMPLIANCE IN LETTER OF CREDIT (LC):
TOWARDS A PROPER STANDARD OF COMPLIANCE [Read excerpt]
by: DR ROSMAWANI CHE HASHIM* [2013] 1 LNS(A) lix3. THE VIABILITY OF THE MALAYSIAN COMPUTER CRIMES ACT IN
DEFINING 'COMPUTERS' IN THE MODERN MALWAREINFESTED ENVIRONMENT [Read excerpt]
by: RIZAL RAHMAN* [2013] 1 LNS(A) lx
Principal Acts
| Number | Title | Date coming into force | Repealing |
| ACT 759 | Islamic Financial Services Act 2013 | 30 June 2013 [PU(B) 277/2013] - except para(s) 1 to 10 of Schedule 9 and para(s) 13 to 19 of Schedule 9 | -Nil- |
| ACT 758 | Financial Services Act 2013 | 30 June 2013 [PU(B) 276/2013] - except s 129 and Schedule 9 | -Nil- |
| ACT 757 | Strata Management Act 2013 | Not Yet In Force | -Nil- |
| ACT 756 | Traditional And Complementary Medicine Act 2013 | Not Yet In Force | -Nil- |
| ACT 755 | Finance Act 2013 | See s 3 for the Income Tax Act; s 41 for the Stamp Act; s 47 for the Petroleum (Income Tax) Act and s 55 for the Real Property Gains Tax Act | -Nil- |
Amending Acts
| Number | Title | Date coming into force | Principal/Amending Act No |
| ACT A1452 | Animals (Amendment) Act 2013 | 20 August 2013 | ACT 647 |
| ACT A1451 | Perbadanan Kemajuan Filem Nasional Malaysia (Amendment) Act 2013 | 1 April 2013 [PU(B) 89/2013] | ACT 244 |
| ACT A1450 | Strata Titles (Amendment) Act 2013 | Not Yet In Force | ACT 318 |
| ACT A1449 | Industrial Designs (Amendment) Act 2013 | 1 July 2013 [PU(B) 86/2013] | ACT 552 |
| ACT A1448 | Central Bank Of Malaysia (Amendment) Act 2013 | 8 February 2013 [PU(B) 44/2013] | ACT 701 |
PU(A)
| Number | Title | Date of Publication | Date coming into force | Principal/Amending Act No |
| PU(A) 287/2013 | Income Tax (Exemption) (No. 12) Order 2013 | 11 September 2013 | Year of assessment 2012 | ACT 53 |
| PU(A) 286/2013 | Income Tax (Exemption) (No. 11) Order 2013 | 11 September 2013 | Year of assessment 2012 | ACT 53 |
| PU(A) 285/2013 | Stamp Duty (Exemption) (No. 11) Order 2013 | 11 September 2013 | 3 July 2012 until 2 July 2015 | ACT 378 |
| PU(A) 284/2013 | Minimum Wages (Amendment) (No. 3) Order 2013 | 10 September 2013 | 11 September 2013 | ACT 732 |
| PU(A) 283/2013 | Hotels (Federal Territory Of Kuala Lumpur) (Compounding Of Offences) Regulations 2013 | 6 September 2013 | 9 September 2013 | ACT 626 |
PU(B)
| Number | Title | Date of Publication | Date coming into force | Principal/Amending Act No |
| PU(B) 369/2013 | Appointment Of Members Of The Social Security Organization Board | 11 September 2013 | 1 August 2013 to 31 July 2015 | ACT 4 |
| PU(B) 368/2013 | The Commission Of Enquiry On Immigrants In Sabah - Enlargement Of Time | 6 September 2013 | 21 September 2012 | ACT 119 |
| PU(B) 367/2013 | Notice Of Affirmative Preliminary Determination Of An Anti-Dumping Duty Investigation With Regard To Imports Of Stranded Wire Originating Or Exported From The People'S Republic Of China | 6 September 2013 | 7 September 2013 | ACT 504; PU(A) 233/1994 |
| PU(B) 366/2013 | Notice To Third Parties | 4 September 2013 | 5 September 2013 | ACT 613 |
| PU(B) 365/2013 | Notice Regarding The Supplementary Electoral Roll For The Second Quarter Of The Year 2013 That Has Been Certified | 30 August 2013 | 31 August 2013 | PU(A) 293/2002 |
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