Legal Network Series

[2009] 1 LNS 837	PP v. AZHAR LAZIM	CRIMINAL LAW: Dangerous Drugs Act 1952 - s. 39B(1) - Trafficking - Sale of drugs had not taken place - Willingness of accused to show drugs to SP6 - Whether more than a passive possession of drugs - Whether actual sale needed EVIDENCE: Expert evidence - Chemist's evidence - Random samples chosen from each slab and each sample less than 10% - Whether Dangerous Drugs Act 1952, s. 37(d) not complied with - Whether chemist had done proper tests - Whether representative samples were sufficient to come to an accurate finding of nature and weight of drugs
[2009] 1 LNS 847	ASIA COMMERCIAL SYSTEMS IMPAC (M) SDN BHD v. PNE PCB BERHAD AND ANOTHER CASE	ARBITRATION: Award - Setting aside - Allegation that Arbitration Act 1952, s. 24(2) was not applicable to an award given under s. 34 and none of the grounds stated by applicant amounted to circumstances to challenge the award - Whether s. 34 ousted the jurisdiction of the court - Whether grounds to set aside award warrant interference of the court ARBITRATION: Arbitrator - Misconduct - Award only 7 pages and took 11 months for Arbitrator to publish award - Whether Arbitrator misconducted himself or the award had been improperly procured
[2009] 1 LNS 859	HONG LEONG FINANCE BERHAD v. LAYSAVIEW SDN BHD	CIVIL PROCEDURE: Service of process - Required time for summons in chambers to be served on defendant - Whether must be served 14 days before hearing - Whether Rules of the High Court 1980, O. 32 r. 3 applied - If so, whether defendant was served with summons 2 clear days before hearing date LAND LAW: Charge - Order for sale - Sale of land - Fourth auction held 117 days after hearing of originating summons - Contended that auction should have taken place 1 month from when summons was heard - Whether only the first auction must not be held on a date less than 1 month from date of order for sale - National Land Code 1965, s. 257(1)(i)
[2010] 1 LNS 558	LOH SIEW KIM v. MENTERI SUMBER MANUSIA MALAYSIA & ANOR	ADMINISTRATIVE LAW: Remedies - Judicial review - Certiorari - Mandamus - To compel 1st respondent to refer applicant's representation to Industrial Court - 1st respondent concluded there was no serious issue of law and/or fact warranting applicant's case to be referred to Industrial Court - Whether 1st respondent justified in refusing to refer applicant's representation - Whether 1st respondent considered all materials placed before him before coming to his conclusion - Whether 1st respondent erred in exercise of his statutory function under s. 20 of the Industrial Relations Act 1967 - Whether 1st respondent's exercise of discretion suffered from any illegality, irrationality or procedural impropriety LABOUR LAW: Employment - Transfer - Whether applicant could rely on any ensuing detriment or economic loss caused as reasons to challenge propriety of transfer order - Whether any proof of mala fide or improper motive on 2nd respondent's part - Whether non-compliance with transfer order was tantamount to insubordination which warranted dismissal
[2010] LNS 1 1113	MAYBAN FINANCE BHD v. KEE FATT MOTORS ENGINEERING SDN BHD	CONTRACT: Assignment - Assignment of debts - Factoring Agreement - Creditor assigned defendant's debt to it to plaintiff - Sales Agency Agreement produced to show that defendant was not a customer but only an agent for creditor - Whether incumbent upon defendant to inform plaintiff of existence of Sales Agency Agreement - Whether no lawful debt due to plaintiff because of Sales Agency Agreement - Allegation that goods rejected as not of merchantable quality - Whether defendant remained liable to settle invoices even if goods were rejected and returned to creditor CONTRACT: Assignment - Assignment of debts - Factoring Agreement - Liability - Whether filing of defence constituted due notice of non-existence of debt to plaintiff - Contended that defendant relieved of liability as plaintiff could terminate Agreement and demand entire sum from creditor - Whether defendant could invoke Factoring Agreement to escape liability - Whether defendant's liability to pay plaintiff on invoices had crystallised

CLJ 2012 Volume 6 (Part 2)

COURT

COURT OF APPEAL

PP v. Arokiasamy Alphonso
Hasan Lah, Malik Ishak, Syed Ahmad Helmy JJCA
(Criminal Law; Criminal Procedure - Murder - Defence - Insanity) [2012] 6 CLJ 117 [CA]

HIGH COURT

Bond M & E (KL) Sdn Bhd v. Southern Cable Sdn Bhd & Anor
Mohamad Ariff Yusof J
(Debtors; Contract - Assignment - Assignment of debts) [2012] 6 CLJ 134 [HC]

Dalian Dragon Leader Import & Export Co Ltd v. Ketua Pengarah Jabatan Perlindungan Hidupan Liar & Taman Negara & Ors
Mohamad Ariff Yusof J
(Civil Procedure; Administrative Law - Mode of commencement - Whether action ought to be commenced under O. 53 Rules of the High Court 1980 ('RHC')) [2012] 6 CLJ 143 [HC]

Dato' Dr Muhammad Ridzuan Mohd Salleh & Anor v. Syarikat Air Terengganu Sdn Bhd
Lee Swee Seng JC
(Arbitration; Words & Phrases - Award - Setting aside) [2012] 6 CLJ 156 [HC]

Jamri Bekon lwn. PP
Ahmad Nasfy Yasin PK
(Undang-undang Jenayah - Akta Dadah Berbahaya 1952 - Seksyen 39A(2)) [2012] 6 CLJ 180 [HC]

Revertex (Malaysia) Sdn Bhd lwn. Deacons
Ahmad Nasfy Yasin PK
(Prosedur Sivil - Penghakiman dan perintah - Penghakiman ingkar) [2012] 6 CLJ 184 [HC]

Seek Keng Leong v. Bursa Malaysia Securities Bhd & Another Case
Abang Iskandar J
(Administrative Law - Judicial review - Application for - Applicants found guilty of breaches of listing requirements by appeal committee of Bursa Malaysia) [2012] 6 CLJ 191 [HC]

Tan Sri Adam Kadir v. Pos Malaysia Bhd & Ors And Another Case
Prasad Sandosham Abraham JC
(Contract; Civil Procedure - Breach - Agreement) [2012] 6 CLJ 206 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial Review - Application for - Decision of Bursa Malaysia - Applicants found guilty of breaches of listing requirements by appeal committee of Bursa Malaysia - Respondent imposed fines and orders of restoration - Whether orders of restoration without proper legal basis - Whether respondent erred in finding applicants guilty of breaches
Seek Keng Leong v. Bursa Malaysia Securities Bhd & Another Case
(Abang Iskandar J) [2012] 6 CLJ 191 [HC]

Remedies - Judicial review - Whether action ought to be commenced under O. 53 Rules of the High Court 1980 ('RHC') - Plaintiff filed writ against defendants for loss of expected profits arising from prohibition of import and export of wildlife species - Change in government policy - Whether case concerned public law issues and involved a direct challenge to a change in government policy and rules in relation to wildlife control - Thrust of plaintiff's claim was an alleged legitimate expectation - Whether remedy sought for was a private or public law issue - Whether non-reliance on O. 53 RHC procedure could constitute an abuse of process of the court - Whether plaintiff should have applied for judicial review
Dalian Dragon Leader Import & Export Co Ltd v. Ketua Pengarah Jabatan Perlindungan Hidupan Liar & Taman Negara & Ors
(Mohamad Ariff Md Yusof J) [2012] 6 CLJ 143 [HC]

ARBITRATION

Award - Setting aside - Joint venture business between parties - Parties' dispute referred to arbitration - Arbitrator appointed as director of bank which financed joint venture between parties but failed to disclose this fact to parties - Whether appointment of arbitrator as a director of the bank was a matter for disclosure - Whether there were justifiable doubts as to arbitrator's impartiality and independence - Whether Award granted by arbitrator was tainted, void and ought to be set aside - Whether court can extend time frame of 90 days for application to set aside Award - Arbitration Act 2005, s. 37(4)
Dato' Dr Muhammad Ridzuan Mohd Salleh & Anor v. Syarikat Air Terengganu Sdn Bhd
(Lee Swee Seng JC) [2012] 6 CLJ 156 [HC]

CIVIL PROCEDURE

Mode of commencement - Whether action ought to be commenced under O. 53 Rules of the High Court 1980 ('RHC') - Plaintiff filed writ against defendants for loss of expected profits arising from prohibition of import and export of wildlife species - Change in government policy - Whether case concerned public law issues and involved a direct challenge to a change in government policy and rules in relation to wildlife control - Thrust of plaintiff's claim was an alleged legitimate expectation - Whether remedy sought for was a private or public law issue - Whether non-reliance on O. 53 RHC procedure could constitute an abuse of process of the court - Whether plaintiff should have applied for judicial review
Dalian Dragon Leader Import & Export Co Ltd v. Ketua Pengarah Jabatan Perlindungan Hidupan Liar & Taman Negara & Ors
(Mohamad Ariff Yusof J) [2012] 6 CLJ 143 [HC]

Parties - Proper parties - Whether Minister of Finance a proper party - Whether failure to include Corporation as party to suit negated plaintiff's claim
Tan Sri Adam Kadir v. Pos Malaysia Bhd & Ors And Another Case
(Prasad Sandosham Abraham JC) [2012] 6 CLJ 206 [HC]

Striking out - Action - Plaintiff's claim concerned matters of public law - Suit filed by way of writ action - Whether action ought to be commenced under O. 53 Rules of the High Court 1980 ('RHC') - Whether non-reliance on O. 53 RHC procedure could constitute an abuse of process of the court - Rules of the High Court 1980, O. 18 r. 19(1)(a), (b) & (d)
Dalian Dragon Leader Import & Export Co Ltd v. Ketua Pengarah Jabatan Perlindungan Hidupan Liar & Taman Negara & Ors
(Mohamad Ariff Yusof J) [2012] 6 CLJ 143 [HC]

CONTRACT

Assignment - Assignment of debts - Whether there was absolute assignment put in writing - Necessary ingredients of an absolute assignment effectual in law - Whether satisfied
Bond M & E (KL) Sdn Bhd v. Southern Cable Sdn Bhd & Anor
(Mohamad Ariff Yusof J) [2012] 6 CLJ 134 [HC]

Breach - Agreement - Appointment as Non-Executive Chairman of Pos Malaysia Bhd - Allegation of premature termination - Whether there was contractual duty to extend appointment
Tan Sri Adam Kadir v. Pos Malaysia Bhd & Ors And Another Case
(Prasad Sandosham Abraham JC) [2012] 6 CLJ 206 [HC]

CRIMINAL LAW

Murder - Defence - Insanity - Acquittal of respondent- Appeal against decision of High Court - Expert medical opinion - Whether respondent insane at time of committing murder - Whether respondent had a delusion or hallucination when committing act - Respondent underwent cardiac surgery in 1998 - Changes in personality after surgery - Whether respondent's medical history a factor to consider when he lapsed into a state of mindlessness - Whether respondent conscious of his act - Multiple injuries suffered by deceased - Motive of murder - Whether established - Penal Code, ss. 84 & 302
PP v. Arokiasamy Alphonso
(Hasan Lah, Malik Ishak, Syed Ahmad Helmy JJCA) [2012] 6 CLJ 117 [CA]

Appeal - Appeal against acquittal - Respondent charged with murder of his sister-in law - Acquittal of respondent on ground of insanity - Whether trial judge erred in law and in fact in concluding respondent established his defence under s. 84 Penal Code - Whether decision set aside
PP v. Arokiasamy Alphonso
(Hasan Lah, Malik Ishak, Syed Ahmad Helmy JJCA) [2012] 6 CLJ 117 [CA]

DEBTORS

Assignment - Assignment of debts - Notice - Notice of assignment - Second claimant assigned applicant to pay debt to first claimant - Applicant received notice but did not expressly agree - Applicant continued making direct payment to second claimant - First claimant demanded full payment - Interpleader summons - Which party to make payment to
Bond M & E (KL) Sdn Bhd v. Southern Cable Sdn Bhd & Anor
(Mohamad Ariff Yusof J) [2012] 6 CLJ 134 [HC]

WORDS & PHRASES

"may" - Arbitration Act 2005, s. 37(4) - Application to set aside arbitration Award may not be made after expiry of ninety days from date on which party making the application had received the Award - Whether court has discretion in extending time to file application to set aside Award
Dato' Dr Muhammad Ridzuan Mohd Salleh & Anor v. Syarikat Air Terengganu Sdn Bhd
(Lee Swee Seng JC) [2012] 6 CLJ 156 [HC]

INDEKS PERKARA

PROSEDUR SIVIL

Penghakiman dan perintah - Penghakiman ingkar - Permohonan untuk pengetepian atas alasan ketidakhadiran tidak disengajakan - Sama ada Majistret functus officio - Sama ada defendan mempunyai pembelaan bermerit
Revertex (Malaysia) Sdn Bhd lwn. Deacons
(Ahmad Nasfy Yasin PK) [2012] 6 CLJ 184 [HC]

UNDANG-UNDANG JENAYAH

Akta Dadah Berbahaya 1952 - Seksyen 39A(2) - Rayuan terhadap hukuman - Sama ada hukuman yang dijatuhkan setimpal - Kepentingan awam - Sama ada hukuman tidak eksesif dan menepati kehendak undang-undang - Bachik Abdul Rahman v. PP
Jamri Bekon lwn. PP
(Ahmad Nasfy Yasin PK) [2012] 6 CLJ 180 [HC]

Legal Network Series Articles

1. PREIMPLANTATION GENETIC DIAGNOSIS FOR SOCIAL SEX
    SELECTION: THE POSSIBLE IMPLICATIONS ON MALAYSIA'S SEX RATIO? ^{[Read excerpt]}
    by: Dr. Haniwarda Yaakob [2012] 1 LNS(A) lix

2. ANIMAL LAW UPDATE
    The RSPCA on Animal Welfare Laws in the Act ^{[Read excerpt]}
    by: Maarit Maher [2012] 1 LNS(A) lviii

Principal Acts

Amending Acts

PU(A)

PU(B)