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CLJ Bulletin, Issue 2013, Vol 41 11 October 2013 Print this page 
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New This Week
1. Cases Of The Week
a) JEE NYEN CHONG & ORS v. CHONG JIT LEONG & ORS
a) NIPPON EXPRESS (M) SDN BHD v. CHE KIANG REALTY SDN BHD & ANOTHER APPEAL
b) IKBAL SALAM lwn. KOPERASI PERMODALAN MELAYU NEGERI JOHOR & SATU LAGI [2013] 2 SMC 6
2. Latest Cases
3. Articles
4. Legislation Highlights
c) PU(A)
d) PU(B)
JEE NYEN CHONG & ORS v. CHONG JIT LEONG & ORS
COURT OF APPEAL, PUTRAJAYA
RAUS SHARIF PCA, RAMLY ALI JCA, ALIZATUL KHAIR OSMAN JCA
[CIVIL APPEAL NO: Q-02-2822-11-2012]
3 MAY 2013
TORT: Defamation - Libel - Wholesale reproduction of alleged defamatory articles - Whether offended rules of proper pleading - Whether exact parts of articles which were defamatory should be specifically identified - Whether defendants embarrassed in not knowing what to plead in response to wholesale reproduction of impugned articles - Whether appellants' counterclaim bad in law for stating impugned articles in their entirety
NIPPON EXPRESS (M) SDN BHD v. CHE KIANG REALTY SDN BHD & ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
RAMLY ALI JCA, MOHTARUDIN BAKI JCA, DAVID WONG DAK WAH JCA
[CIVIL APPEALS NO: B-02-79-01-2012 & B-02-135-01-2012]
16 MAY 2013
CONTRACT: Formation - Valid and binding agreement - Whether signing of SPA was condition precedent or condition which was part of terms of contract - Whether amount paid was deposit or part payment - Whether binding contract in existence
CONTRACT: Terms - Breach - Fundamental terms of contract - Whether time of essence - Timely delivery of vacant possession - Failure of - Whether agreement terminated
IKBAL SALAM lwn. KOPERASI PERMODALAN MELAYU NEGERI JOHOR & SATU LAGI [2013] 2 SMC 6 
MAHKAMAH SESYEN, JOHOR BAHRU
ISHAK BAKRI HS
[SAMAN NO: 52-471-2011]
7 MEI 2012
KONTRAK: Agen - Priviti - Representasi bahawa urusan pelaburan berlandaskan prinsip Syariah - Penafian priviti kontrak oleh defendan-defendan - Sama ada pelaksanaan prinsip wakala dalam kontrak muamalat bersamaan dengan prinsip agen dalam undang-undang sivil - Sama ada defendan-defendan terikat dengan representasi - Sama ada wujud tanggungan
KONTRAK: Pentafsiran terma-terma kontrak - Niat pihak-pihak - Representasi bahawa pelaburan dinar emas berlandaskan prinsip Syariah - Sama ada pihak-pihak terikat kepada ketetapan undang-undang Syariah - Sama ada peruntukan undang-undang sivil terpakai - Akta Kontrak 1950, s. 183
PERKATAAN & FRASA: "Wakala" - Maksud - Tanggungjawab wakala - Sama ada tanggungjawab wakala dalam undang-undang Syariah dan tanggungjawab agen dalam undang-undang sivil berbeza - Sama ada fatwa boleh digunapakai dalam pentafsiran tanggungjawab wakala
JUDICIAL QUOTES
PP v. MUHAMAD ZAID ZAINAL [2013] 6 CLJ 121
[1] Issue: Whether the sentence of seven months’ jail imposed by the Magistrate on an accused for an offence under s. 447 read with s. 511 of the Penal Code (attempted criminal trespass) is ultra vires and illegal.
“As can be seen (from s. 447), the punishment for criminal trespass is imprisonment which may extend to six months, or with fine which may extend to RM3,000 or with both. (However), when s. 447 is read with (the phrase) “any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence” in s. 511, the imprisonment shall not be more than three months which is one-half of the six months. Thus, the maximum imprisonment term imposable for an offence of an attempted criminal trespass is one that may extend to three months and not six months as understood by the Magistrate. It is clear that, as from the date of his arrest, 6 November 2012 up to the date of his conviction and sentence by the Magistrate on 8 February 2013, the respondent had already served his sentence for a period of three months and two days, thus exceeding two days of his maximum sentence under ss. 447/511. Therefore, the imprisonment term of seven months imposed by the Magistrate in this case is not in accordance with the law and therefore illegal. It is ultra vires.” – per Zamani A Rahim J in PP v. Muhamad Zaid Zainal [2013] 6 CLJ 121.
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Legal Network Series
MAJUTERA SDN BHD v. KERAJAAN MALAYSIA, JABATAN KERJA RAYA
CONTRACT: Building contract - Sub-contract - Position of SJL Engineering Sdn Bhd (SJL) as nominated sub-contractor - Whether SJL was picked or selected by defendant to be appointed by plaintiff as nominated sub-contractor - Whether plaintiff raised objections against the appointment of SJL as nominated sub-contractor
CONTRACT: Building contract - Sub-contract - Delay - Whether delay in completing project caused by defendant, SJL or the plaintiff - 3 extensions of time given - Whether extension of almost a year to cover delay due to matters beyond plaintiff's control was more than sufficient - Whether defendant, by insisting on use of the "Lantern", contributed to plaintiff's delay in completing the project - Whether plaintiff as the main contractor was fully responsible to ensure that SJL, its electrical subcontractor, fulfilled its obligations under the subcontract - Whether plaintiff was fully responsible for delay in completing project works
CONTRACT: Building contract - Damages - Whether defendant right in imposing liquidated ascertained damages (LAD) on plaintiff - Whether defendant should have imposed LAD against SJL - Whether plaintiff entitled to a refund of the LAD
CONTRACT: Building contract - Sub-contract - Privity of contract - Whether any privity of contract between defendant and SJL - Whether a contractual relationship existed between defendant and SJL or between plaintiff and SJL
BBC ESTATE VII SDN BHD v. SENGOK SABANG & ANOTHER CASE
NATIVE LAW AND CUSTOM: Land dispute - Customary rights over land - Plaintiff registered proprietor of Land - Whether defendants successfully challenged plaintiff's title to the Land or established native customary rights over the Land - Whether res judicata had set in due to the earlier Orders of the Court against defendants' claim for native customary rights over the Land
TORT: Trespass to land - Whether defendants trespassed onto Land to illegally harvest fresh fruit bunches - Whether a defence in a civil case for trespass onto Land that there had been no criminal charge lodged against defendants for theft of the fresh fruit bunches - Whether plaintiff entitled to injunction sought - Plaintiff obtained earlier injunction Orders - Whether present Orders prayed for materially differed from earlier orders due to specific reference to injunction against harvesting of fresh fruit bunches
DATO THIRUMOORTHY NADESAN v. MAXIS MOBILE SERVICES SDN BHD
CIVIL PROCEDURE: Striking out - Writ and statement of claim - Application for - Whether plaintiff failed to disclose a reasonable cause of action against defendant - Whether action against defendant should be struck out - Rules of the High Court 1980 O. 18 r. 19
CIVIL PROCEDURE: Cause of action - Plaintiff alleged he suffered and was still suffering from shock, depression, stress and a state of paranoia due to defendant's negligence - Whether mere mental suffering insufficient to found a claim for damages - Whether plaintiff's complaints concerning effect of defendant's negligence was an actionable tort that could be compensated by damages
PP v. RAVEEPLOY SANGKAM
CRIMINAL LAW: Dangerous Drugs Act 1952 (DDA) - s. 39B - Trafficking in dangerous drugs - 83 capsule-like packages discharged by accused - Whether accused had actual custody and control of drugs - Whether knowledge could be presumed pursuant to s. 37(d) DDA - Whether unlikely that accused did not know what she was swallowing - Whether gave rise to an inescapable inference that accused must have known packages contained illegal drugs - Whether action of accused travelling from Buenos Aires to KLIA with drugs concealed in her stomach, fell within definition of trafficking - Whether accused's act amounted to keeping, concealing, transporting and carrying - Whether prosecution proved all the ingredients of offence and a prima facie case against accused
CRIMINAL PROCEDURE: Trial - Dangerous Drugs Act 1952 - Defence - Accused claiming she was in transit on her way to Bangkok and there was no trafficking in Malaysia - Whether defence of "in transit" applicable - Whether defence raised a reasonable doubt in the prosecution's case
TENAGA NASIONAL BERHAD v. MAJLIS MESYUARAT KERAJAAN NEGERI SELANGOR & ORS
ADMINISTRATIVE LAW: Judicial review - Application for - Award of 2nd compensation by State Authority - Whether applicant entitled to an application for judicial review to consider whether decision by State Authority was fair and reasonable - Whether decision by State Authority final - Whether deliberation of State Authority classified as secret - Whether State Authority obliged to give reasons for their decision - Whether any error of law committed by the State Authority to warrant the Court's intervention
CLJ 2013 Volume 7 (Part 6)
COURT
COURT OF APPEALEmpayar Canggih Sdn Bhd v. Ketua Pengarah Bahagian Penguatkuasa Kementerian Perdagangan Dalam Negeri Dan Hal Ehwal Pengguna Malaysia & Anor
Hishamudin Mohd Yunus, Zaharah Ibrahim, Aziah Ali JJCA
(Administrative Law - Exercise of administrative powers - Judicial review - Reasoned decision) [2013] 7 CLJ 681 [CA]Lee Fook v. PP
Abdul Wahab Patail, Mohamad Ariff Yusof JJCA, David Wong Dak Wah J
(Criminal Law - Penal Code - Section 302 - Murder - Defence of legal insanity - Substance-induced psychosis) [2013] 7 CLJ 696 [CA]Nippon Express (M) Sdn Bhd v. Che Kiang Realty Sdn Bhd & Another Appeal
Ramly Ali, Mohtarudin Baki, David Wong Dak Wah JJCA
(Contract - Formation - Terms - Breach - Fundamental terms of contract) [2013] 7 CLJ 713 [CA]HIGH COURT
Ng Poh Kwang v. Tan Chuan Yong & Ors
Lau Bee Lan J
(Tort - Negligence - Professional negligence - Solicitor and client) [2013] 7 CLJ 735 [HC]Perdana Parkcity Sdn Bhd v. Lee Hon Kit
Asmabi Mohamad JC
(Tort - Defamation - Slander - Whether defences of justification, fair comment and qualified privilege available) [2013] 7 CLJ 756 [HC]PP v. Yeh Ing Hoey & Anor
Zulkifli Bakar J
(Criminal Law; Criminal Procedure; Evidence - Dangerous Drugs - Trafficking in - Contradictory evidence) [2013] 7 CLJ 783 [HC]Tenaga Nasional Bhd v. JCY HDD Technology Sdn Bhd
Varghese George J
(Civil Procedure; Public Utilities - Action - Electricity - Consumption and usage - Charge for supply) [2013] 7 CLJ 799 [HC]SUBJECT INDEX
ADMINISTRATIVE LAW
Exercise of administrative powers - Reasoned decision - Seizure of machines and equipments by officers of Ministry of Domestic Trade and Consumer Affairs - Whether seizure done in exercise of investigative functions - Whether reasonable cause shown - Optical Discs Act 2000, ss. 38(2) & 52(a)
Empayar Canggih Sdn Bhd v. Ketua Pengarah Bahagian Penguatkuasa Kementerian Perdagangan Dalam Negeri Dan Hal Ehwal Pengguna Malaysia & Anor
(Hishamudin Mohd Yunus, Zaharah Ibrahim, Aziah Ali JJCA) [2013] 7 CLJ 681 [CA]Judicial review - Application for - Operation of business without licence - Seizure of machines and equipment from business premises - Whether seizure carried out with reasonable cause - Whether bona fide - Whether claim for damages allowed - Optical Discs Act 2000, ss. 38, 48 & 52
Empayar Canggih Sdn Bhd v. Ketua Pengarah Bahagian Penguatkuasa Kementerian Perdagangan Dalam Negeri Dan Hal Ehwal Pengguna Malaysia & Anor
(Hishamudin Mohd Yunus, Zaharah Ibrahim, Aziah Ali JJCA) [2013] 7 CLJ 681 [CA]CIVIL PROCEDURE
Action - Disposal of action without trial - Question posed to court for determination - Whether appropriate to be considered - Rules of the High Court 1980, O. 33 rr. 2 and 5
Tenaga Nasional Bhd v. JCY HDD Technology Sdn Bhd
(Varghese George J) [2013] 7 CLJ 799 [HC]CONTRACT
Formation - Valid and binding agreement - Whether signing of SPA was condition precedent or condition which was part of terms of contract - Whether amount paid was deposit or part payment - Whether binding contract in existence
Nippon Express (M) Sdn Bhd v. Che Kiang Realty Sdn Bhd & Another Appeal
(Ramly Ali, Mohtarudin Baki, David Wong Dak Wah JJCA) [2013] 7 CLJ 713 [CA]Terms - Breach - Fundamental terms of contract - Whether time of essence - Timely delivery of vacant possession - Failure of - Whether agreement terminated
Nippon Express (M) Sdn Bhd v. Che Kiang Realty Sdn Bhd & Another Appeal
(Ramly Ali, Mohtarudin Baki, David Wong Dak Wah JJCA) [2013] 7 CLJ 713 [CA]CRIMINAL LAW
Dangerous Drugs - Trafficking in dangerous drugs - Accused persons accused of trafficking in 339.5 grams of methamphetamine - Whether there was common intention - Incriminating drugs found at front seat foot well of vehicle - Whether accused persons had control, knowledge and physical possession of drugs - Whether prima facie case established - Dangerous Drugs Act 1952, s. 39B(1)(a)
PP v. Yeh Ing Hoey & Anor
(Zulkifli Bakar J) [2013] 7 CLJ 783 [HC]Murder - Defence - Legal insanity - Whether appellant was suffering from substance-induced psychosis - Whether appellant had necessary intention to commit murder within meaning of s. 300 Penal Code - Whether appellant legally insane - Penal Code, s. 85(2)(b)
Lee Fook v. PP
(Abdul Wahab Patail, Mohamad Ariff Yusof JJCA, David Wong Dak Wah J) [2013] 7 CLJ 696 [CA]Penal Code - Section 302 - Murder - Conviction and sentence - Appeal against - Defence of legal insanity - Whether appellant was suffering from substance-induced psychosis - Whether appellant had necessary intention to commit murder within meaning of s. 300 Penal Code - Whether appellant legally insane - Penal Code, s. 85(2)(b) - Whether there was misdirection or failure to properly consider law or evidence by trial court
Lee Fook v. PP
(Abdul Wahab Patail, Mohamad Ariff Yusof JJCA, David Wong Dak Wah J) [2013] 7 CLJ 696 [CA]CRIMINAL PROCEDURE
Acquittal or discharge - Acquittal of accused without calling for defence - Vehicle stopped by patrolling police at road side and taken to police station - Incriminating drugs found at front seat foot well - Whether vehicle searched at road side or police station - Whether drugs discovered at road side or police station - Second accused was front seat passenger - Whether second accused had control and knowledge of drugs found - Whether close proximity of second accused to place where drugs discovered sufficient to incriminate him - Whether second accused had physical possession of drugs
PP v. Yeh Ing Hoey & Anor
(Zulkifli Bakar J) [2013] 7 CLJ 783 [HC]EVIDENCE
Contradictory evidence - Contradicting evidences between parties - Incriminating drugs found at front seat foot well of vehicle - Whether drugs discovered at road side or police station - Probable version to be adopted by court
PP v. Yeh Ing Hoey & Anor
(Zulkifli Bakar J) [2013] 7 CLJ 783 [HC]PUBLIC UTILITIES
Electricity - Charge for supply - Whether r. 11(2) of the Licensee Supply Regulations 1990 applied - Whether defendant undercharged due to meter inaccuracy or incorrect meter reading - Whether proviso to r. 11(2) applied to limit retrospective adjustment - Whether plaintiff's claim limited to period not exceeding three months
Tenaga Nasional Bhd v. JCY HDD Technology Sdn Bhd
(Varghese George J) [2013] 7 CLJ 799Electricity - Consumption and usage - Allegation of loss of revenue - Under recording of actual electricity consumption - Whether meter tampered with - Whether pre-condition under s. 38(3) Electricity Supply Act 1990 satisfied
Tenaga Nasional Bhd v. JCY HDD Technology Sdn Bhd
(Varghese George J) [2013] 7 CLJ 799 [HC]TORT
Defamation - Slander - Whether words uttered were defamatory - Whether defences of justification, fair comment and qualified privilege available - Whether defendant knew defamatory words he uttered of plaintiff were untrue - Whether defendant's actions to defame plaintiff deliberate and malicious
Perdana Parkcity Sdn Bhd v. Lee Hon Kit
(Asmabi Mohamad JC) [2013] 7 CLJ 756 [HC]Negligence - Professional negligence - Solicitor and client - Plaintiff suffered loss due to solicitors' action - Breach of contractual duty - Whether plaintiff's claim time-barred - Whether solicitors discharged from acting for plaintiff - Failure to pay legal fees - Whether solicitor had right to withhold plaintiff's documents - Whether there was a break in chain of causation - Damages - Whether proved - Legal Profession (Practice and Etiquette) Rules 1978, r. 55
Ng Poh Kwang v. Tan Chuan Yong & Ors
(Lau Bee Lan J) [2013] 7 CLJ 735 [HC]CLJ 2013 Volume 7 (Part 7)
COURT
COURT OF APPEALJee Nyen Chong & Ors v. Chong Jit Leong & Ors
Raus Sharif PCA, Ramly Ali, Alizatul Khair Osman JJCA
(Tort - Defamation - Libel) [2013] 7 CLJ 817 [CA]Mohamad Abdul Rahman v. PP
Azahar Mohamed, Balia Yusof Wahi, Mohd Zawawi Salleh JJCA
(Criminal Law; Criminal Procedure - Dangerous Drugs Act 1952 - Section 39B(1) - Trafficking - Appeal against conviction and sentence) [2013] 7 CLJ 843 [CA]HIGH COURT
Avnet Partner Solutions (M) Sdn Bhd v. Wi-Net Telecoms Sdn Bhd & Anor; Lee Wai Tuck (Third Party)
Mah Weng Kwai J
(Civil Procedure; Evidence - Third party proceedings - Breach of fiduciary duties) [2013] 7 CLJ 856 [HC]Majlis Perbandaran Alor Gajah lwn. Sunrise Teamtrade Sdn Bhd
Abdul Karim Jalil PK
(Timbang Tara; Perkataan & Istilah - Pergantungan prosiding - Permohonan - Akta Timbang Tara 2005, s. 10) [2013] 7 CLJ 872 [HC]Ng Ah Lang v. Allianz General Insurance Company (Malaysia)
Mary Lim J
(Insurance - Accident insurance - Construction of policy - Cause of death) [2013] 7 CLJ 886 [HC]Patrick Khoo Ghee Wong v. Lim Mei-Tze & Other Cases
Lau Bee Lan J
(Trusts; Contract - Creation of trusts - Whether intention to create trust established) [2013] 7 CLJ 918 [HC]Poh Chee Seng v. Majlis Peguam
Lee Swee Seng JC
(Legal Profession - Misconduct - Acting in a manner unbefitting of an advocate and solicitor) [2013] 7 CLJ 934 [HC]SUBJECT INDEX
CIVIL PROCEDURE:
No case to answer - Election - Whether submission of no case to answer made - Whether court put election on third party to call for evidence - Whether amounted to no case to answer against defendants' claim - Whether adverse inference invoked for failure to adduce evidence - Evidence Act 1950, s. 114(g)
Avnet Partner Solutions (M) Sdn Bhd v. Wi-Net Telecoms Sdn Bhd & Anor; Lee Wai Tuck (Third Party)
(Mah Weng Kwai J) [2013] 7 CLJ 856 [HC]Third party proceedings - Breach of fiduciary duties - Liability of third party as former director of defendants - Goods sold and delivered and services rendered - Whether third party purchased goods with exorbitant price - Whether purchase to enrich plaintiff and third party - Whether third party acted without authority of defendants
Avnet Partner Solutions (M) Sdn Bhd v. Wi-Net Telecoms Sdn Bhd & Anor; Lee Wai Tuck (Third Party)
(Mah Weng Kwai J) [2013] 7 CLJ 856 [HC]CONTRACT
Breach - Marriage - Breach of promise to marry - Intention to marry - Whether existed - Whether there was evidence of marriage proposal - Whether time spent together as a whole constituted intention to marry
Patrick Khoo Ghee Wong v. Lim Mei-Tze & Other Cases
(Lau Bee Lan J) [2013] 7 CLJ 918 [HC]CRIMINAL LAW
Dangerous Drugs Act 1952 - Section 39B(1) - Trafficking - Recovery of drugs from drawer of table in room - Possession - Whether proven - Whether room readily accessible to others - Whether accused had custody and control of drawer - Whether drawer fitted definition "anything whatsoever containing" under s. 37(d) Dangerous Drugs Act 1952 - Whether accused had knowledge of nature of drugs
Mohamad Abdul Rahman v. PP
(Azahar Mohamed, Balia Yusof Wahi, Mohd Zawawi Salleh JJCA) [2013] 7 CLJ 843 [CA]CRIMINAL PROCEDURE
Sentence - Appeal against conviction and sentence - Trafficking in dangerous drugs - Accused sentenced to death - Whether trial judge appraised evidence on possibility of drugs belonging to or had been placed by others - Failure by trial judge to judicially consider evidence - Drawing of unfavourable inference prejudicial to accused - Whether warranted appellate intervention - Whether conviction safe - Dangerous Drugs Act 1952, ss. 37(d) & 39B(1)
Mohamad Abdul Rahman v. PP
(Azahar Mohamed, Balia Yusof Wahi, Mohd Zawawi Salleh JJCA) [2013] 7 CLJ 843 [CA]EVIDENCE
Witness - Cross-examination of defence witness - Defence witness not made available for continued cross-examination by plaintiff and third party - Whether cogent reasons provided for failure to call witness - Whether adverse inference could be invoked - Evidence Act 1950, s. 114(g)
Avnet Partner Solutions (M) Sdn Bhd v. Wi-Net Telecoms Sdn Bhd & Anor; Lee Wai Tuck (Third Party)
(Mah Weng Kwai J) [2013] 7 CLJ 856 [HC]INSURANCE
Accident insurance - Construction of policy - Cause of death - Whether insured died of bodily injury caused by accident solely and independently of any other cause - Whether insured died of diseased heart and not because of accident - Whether disease not covered by policy - Whether myocardial infarction (heart attack) fell within meaning of 'bodily injury' in policy
Ng Ah Lang v. Allianz General Insurance Company (Malaysia)
(Mary Lim J) [2013] 7 CLJ 886 [HC]LEGAL PROFESSION
Misconduct - Acting in a manner unbefitting of an advocate and solicitor - Breach of undertaking - Stakeholder - Sale and purchase agreement - Solicitor returned bank draft to client for balance purchase price which should have been placed in fixed deposit account - Legal Profession Act 1976, s. 94(3)(o)
Poh Chee Seng v. Majlis Peguam
(Lee Swee Seng JC) [2013] 7 CLJ 934 [HC]Professional discipline - Misconduct - Breach of undertaking - Stakeholder - Sale and purchase agreement - Solicitor returned bank draft to client for balance purchase price which should have been placed in fixed deposit account - Whether conduct unbefitting of an advocate and solicitor - Whether solicitor committed professional misconduct - Legal Profession Act 1976, s. 94(3)(o)
Poh Chee Seng v. Majlis Peguam
(Lee Swee Seng JC) [2013] 7 CLJ 934 [HC]Professional discipline - Misconduct - Breach of undertaking - Stakeholder - Sale and purchase agreement - Withdrawal of complaint by complainant - Whether respondent as Malaysian Bar can pursue complaint further
Poh Chee Seng v. Majlis Peguam
(Lee Swee Seng JC) [2013] 7 CLJ 934 [HC]TORT
Defamation - Libel - Wholesale reproduction of alleged defamatory articles - Whether offended rules of proper pleading - Whether exact parts of articles which were defamatory should be specifically identified - Whether defendants embarrassed in not knowing what to plead in response to wholesale reproduction of impugned articles - Whether appellants' counterclaim bad in law for stating impugned articles in their entirety
Jee Nyen Chong & Ors v. Chong Jit Leong & Ors
(Raus Sharif PCA, Ramly Ali, Alizatul Khair Osman JJCA) [2013] 7 CLJ 817 [CA]TRUSTS
Creation of trusts - Allegation that land transferred to defendant as trustee - Intention to create trust - Whether purchase of property in joint names constitutes ownership - Whether defendant acquired half ownership or was a mere trustee - Contribution towards purchase of property - Whether presumption of advancement applied - Whether presumption of resulting trust arose
Patrick Khoo Ghee Wong v. Lim Mei-Tze & Other Cases
(Lau Bee Lan J) [2013] 7 CLJ 918 [HC]Trust - Resulting trust - Whether intention to create trust established - Purchase of car during relationship - Whether on trust or absolute gift
Patrick Khoo Ghee Wong v. Lim Mei-Tze & Other Cases
(Lau Bee Lan J) [2013] 7 CLJ 918 [HC]INDEKS PERKARA
PERKATAAN & ISTILAH
"may" - Penggunaan perkataan "may" (boleh) di dalam klausa timbang tara dalam perjanjian - Sama ada mempunyai kesan mandatori - Akta Timbang Tara 2005, s. 10
Majlis Perbandaran Alor Gajah lwn. Sunrise Teamtrade Sdn Bhd
(Abdul Karim Jalil PK) [2013] 7 CLJ 872 [HC]TIMBANG TARA
Pergantungan prosiding - Permohonan - Sama ada prosiding di mahkamah harus digantung sementara menunggu pertikaian dirujuk ke timbang tara - Penamatan perjanjian - Sama ada klausa timbang tara dalam perjanjian harus dimaktubkan ekoran persetujuan berkenaan cara resolusi pertikaian - Penggunaan "may" dalam klausa timbang tara - Sama ada mempunyai kesan mandatori - Akta Timbang Tara 2005, s. 10
Majlis Perbandaran Alor Gajah lwn. Sunrise Teamtrade Sdn Bhd
(Abdul Karim Jalil PK) [2013] 7 CLJ 872 [HC]
Legal Network Series Article
1. NOW, IS THAT ...
'REASONABLE MANAGEMENT ACTION’ OR ‘UNREASONABLE MANAGEMENT CONDUCT'? [Read excerpt]
by: JOHN WILSON* [2013] 1 LNS(A) lxvi2. UNDANG-UNDANG KELUARGA DAN TEKNOLOGI:
SUATU PANDANGAN SEMULA* [Read excerpt]
by: PROF MADYA NOOR AZIAH HAJI MOHD AWAL** [2013] 1 LNS(A) lxvii
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) 308/2013 | Labour (Part-Time Employees) (Sarawak) Rules 2013 | 9 October 2013 | 10 October 2013 | SWK. CAP. 76 |
| PU(A) 307/2013 | Labour (Part-Time Employees) (Sabah) Rules 2013 | 9 October 2013 | 10 October 2013 | SABAH CAP. 67 |
| PU(A) 306/2013 | Customs (Values) (Crude Petroleum Oil) (No. 20) Order 2013 | 3 October 2013 | 3 October 2013 to 16 October 20133 | ACT 235 |
| PU(A) 305/2013 | Income Tax (Deduction For Expenditure On Issuance Of Agro Sukuk) Rules 2013 | 2 October 2013 | Year of assessment 2013 until the year of assessment 2015 | ACT 53 |
| PU(A) 304/2013 | Federal Roads (South Klang Valley Expressway) Order 2013 | 1 October 2013 | 1 October 2013 | ACT 376 |
PU(B)
| Number | Title | Date of Publication | Date coming into force | Principal/Amending Act No |
| PU(B) 400/2013 | Reservation Of Land For Public Purpose For Lot 21564 Mukim Setapak | 9 October 2013 | 10 October 2013 | ACT 56/1965 |
| PU(B) 399/2013 | Notice Of Proposed Revocation Of Reservation Of Land For Public Purpose For Lot 27539 Mukim Setapak | 8 October 2013 | 9 October 2013 | ACT 56/1965 |
| PU(B) 398/2013 | Notice To Hold A By-Election Of A Member Of The Legislative Assembly Of The State Of Kedah For The Constituency Of N. 20 Sungai Limau | 4 October 2013 | 5 October 2013 | ACT 19 |
| PU(B) 397/2013 | Determination Of Electoral Roll For The By-Election Of N. 20 Sungai Limau | 3 October 2013 | 4 October 2013 | PU(A) 293/2002 |
| PU(B) 396/2013 | Notification Under Subregulation 3(3) | 3 October 2013 | 4 October 2013 | PU(A) 185/2003 |
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