Legal Network Series

[2009] 1 LNS 802	JUPMI @ JUPINI SIDING & ORS v. SABAH FOREST INDUSTRIES SDN BHD	STATUTORY INTERPRETATION: Amending legislation - Correct interpretation of s. 132 of Labour Ordinance - Natural meaning unless there was ambiguity - Whether any ambiguity in s. 132 - Whether s. 132 dealt with contracts entered into before Labour Ordinance came into effect in 1955 - Whether appellants' contracts were such contracts - Whether s. 132 applicable
[2009] 1 LNS 893	REDZUAN ABDUL SAMAD v. MAHKAMAH PERUSAHAAN, MALAYSIA & ANOR	ADMINISTRATIVE LAW: Judicial review - Application for - Applicant adjudged bankrupt - Disqualified from being in managerial position by virtue of ss. 71 and 72 of the Insurance Act 1996 - No domestic inquiry held prior to termination of applicant's employment - Whether employer justified in terminating applicant's employment upon him being confirmed as a disqualified person under Insurance Act - Whether applicant could be dismissed without a proper domestic inquiry
[2009] 1 LNS 918	PP v. ISMAIL MOHD AZMI	CRIMINAL PROCEDURE: Appeal - Appeal against acquittal and discharge - Finding by trial judge that second and third ingredients of offence in First and Second Charge not proved by prosecution - Whether trial Judge misdirected herself and erred in fact and law - Whether a prima facie case had been proved by prosecution in respect of First and Second Charge CRIMINAL LAW: Anti Corruption Act 1997 - ss. 10(a)(bb), 11(a) - Accepting gratification - Judge concluded there was no common intention on accused's part - Finding by trial judge that accused did not solicit gratification of RM5,000.00 from SP1 - Illegal operation was to be conducted on SP1's shop - Other men went along with this - Whether all 4 men developed common intention on the spot to commit offence - Accused a police officer but did not protest against Black's action in receiving gratification of RM1,000.00 from SP1- Whether accused acted with a common intention with Black CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Finding that prosecution had proved a prima facie case against accused on Third Charge - Whether prima facie case proved and trial judge correct to call accused to enter his defence - If so, whether trial judge misdirected herself or erred in holding defence had not raised any reasonable doubt in prosecution's case
[2010] 1 LNS 915	JUMBOHAN OMH SDN BHD v. KIAN JOO CAN FACTORY BERHAD	CONTRACT: Breach - Sale of goods - Whether shelf life of plaintiff's product was communicated to defendant - Whether rusting properties of the tin cans were communicated to plaintiff - Whether plaintiff established its claim for damages SALE OF GOODS: Implied conditions - Fitness for purpose - Tin cans supplied rusted well before expiry of plaintiff's product - Whether plaintiff relied on defendant's knowledge and expertise in the use of tin cans to store plaintiff's product - Whether there was an implied condition that tin cans would be reasonably fit for plaintiff's purpose - Sale of Goods Act 1957, s. 16(1)(a)
[2010] LNS 1 1336	OMEGA SECURITIES SDN BHD v. DATO' HAMZAH ABDUL MAJID	CIVIL PROCEDURE: Limitation of action - When cause of action accrued - Letter of termination and demand issued - Whether 6 years limitation ran from that date - Whether plaintiff's claim time barred - Limitation Act 1953, s. 6(1)(a) CONTRACT: Agreement - Validity of - Whether Margin Financing agreement invalid due to non-stamping SECURITIES: Margin account - Securities deposited to secure - Whether margin trading facility granted by plaintiff to defendant - Whether RM8 million given as loan by plaintiff to defendant - Whether defendant's pledge of shares was security for Margin Account or loan - Whether plaintiff in breach by failing to sell defendant's shares - Whether plaintiff in breach of Kuala Lumpur Stock Exchange Rules 1997, Banking and Financial Institutions Act 1989 and Securities Industries Act 1983

CLJ 2012 Volume 6 (Part 5)

COURT

COURT OF APPEAL

Khairiddin Sufi v. PP
KN Segara, Syed Ahmad Helmy, Abdul Wahab Patail JJCA
(Criminal Law - Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in 4,561.6g of cannabis - Appeal against conviction and sentence) [2012] 6 CLJ 457 [CA]

Perwira Affin Bank Bhd v. Mahany Sawal
Raus Sharif PCA, Azhar Ma'ah, Apandi Ali JJCA
(Bankruptcy - Notice - Setting aside - Recovery of interest in respect of judgment debt) [2012] 6 CLJ 471 [CA]

Abeille D'OR Corporation lwn. Jia Shun Sdn Bhd
VT Singham H
(Prosedur Sivil; Undang-undang Tanah - Perintah - Kaveat - Permohonan untuk mengenepikan perintah) [2012] 6 CLJ 481 [HC]

Chan Cheen Ken & Anor v. Cristlina Korok & Anor
David Wong Dak Wah J
(Tort - Defamation - Libel - Qualified privilege - Child - Care nursery - Letter of complaint against nursery to relevant authority) [2012] 6 CLJ 503 [HC]

Hicom Suzuki Manufacturing Malaysia Sdn Bhd v. Mahkamah Perusahaan Malaysia & Ors
Varghese George Varughese J
(Administrative Law; Labour Law - Judicial review - Certiorari - - Whether Industrial Court committed procedural impropriety) [2012] 6 CLJ 523 [HC]

HSBC Bank Malaysia Bhd v. Menteri Sumber Manusia, Malaysia & Anor
Mohd Zawawi Salleh J
(Administrative Law; Labour Law - Judicial review - Certiorari - Bank employees - Trade union - Recognition of members) [2012] 6 CLJ 540 [HC]

Ng Lee Chon v. KLHW Management Sdn Bhd & Ors
Mah Weng Kwai JC
(Contract - Guarantee - Validity - Refusal of tenant to vacate land - Eviction - Claim against guarantors) [2012] 6 CLJ 563 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Certiorari - Application to quash decision of Industrial Court - Whether Industrial Court committed procedural impropriety - Whether decision on domestic inquiry proper - Different set of charges between 2nd, 4th & 5th respondents as compared to 3rd respondent - Consolidation of 2nd to 5th respondents' ministerial references by Industrial Court - Whether proper - Whether award only related to domestic inquiries in respect of 2nd, 4th & 5th respondents - Whether Industrial Court should have dealt separately with 3rd respondent's claim
Hicom Suzuki Manufacturing Malaysia Sdn Bhd v. Mahkamah Perusahaan Malaysia & Ors
(Varghese George Varughese J) [2012] 6 CLJ 523 [HC]

Judicial review - Certiorari - Bank employees - Claim for recognition by Union to represent Bank's resident managers - Decision of Minister - Minister ruling that job grade Manager Band 4, 5 and 6 not employed in managerial capacities and could be represented by Union - Whether Minister failed to consider relevant facts - Whether Minister erred in law in making decision
HSBC Bank Malaysia Bhd v. Menteri Sumber Manusia, Malaysia & Anor
(Mohd Zawawi Salleh J) [2012] 6 CLJ 540 [HC]

BANKRUPTCY

Notice - Setting aside - Appeal against - Whether bankruptcy notice ambiguous and defective - Recovery of interest in respect of judgment debt - Whether caught by limitation period of three years - Sabah Limitation Ordinance, Schedule Item 45 - Bankruptcy notice an action or proceeding based on a judgment - Whether governed by Item 98 of Schedule to Ordinance
Perwira Affin Bank Bhd v. Mahany Sawal
(Raus Sharif PCA, Azhar Ma'ah, Apandi Ali JJCA) [2012] 6 CLJ 471 [CA]

CONTRACT

Guarantee - Validity - Tenancy agreement renewed and extended - Same terms and conditions remained - No new tenancy agreement executed - Second tenancy expired and not extended - Refusal of tenant to vacate land - Eviction - Claim against guarantors - Whether guarantee valid and binding
Ng Lee Chon v. KLHW Management Sdn Bhd & Ors
(Mah Weng Kwai JC) [2012] 6 CLJ 563 [HC]

Tenancy agreement - Rent - Tenants required to quit and deliver vacant possession - Formal notice to deliver vacant possession served - Refusal to vacate - Liability - Mesne profit - Whether notices to quit valid
Ng Lee Chon v. KLHW Management Sdn Bhd & Ors
(Mah Weng Kwai JC) [2012] 6 CLJ 563 [HC]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in 4,561.6g of cannabis - Appeal against conviction and sentence - Defence version contradicted prosecution's narration - Whether appellant had knowledge of drugs - Whether it was appellant who met SP5 and informer - Whether another person instructed appellant to carry bag containing cannabis - Whether defence an afterthought and bare denial - Whether any reasonable doubt raised - Whether trial judge misdirected and erred himself
Khairiddin Sufi v. PP
(KN Segara, Syed Ahmad Helmy, Abdul Wahab Patail JJCA) [2012] 6 CLJ 457 [CA]

LABOUR LAW

Industrial Court - Award - Application to High Court to quash decision of Industrial Court - Judicial review - Whether Industrial Court committed procedural impropriety - Whether decision on domestic enquiry proper - Different set of charges between 2nd, 4th & 5th respondents as compared to 3rd respondent - Consolidation of 2nd to 5th respondents' ministerial references by Industrial Court - Whether proper - Whether award only related to domestic inquiries in respect of 2nd, 4th & 5th respondents - Whether Industrial Court should have dealt separately with 3rd respondent's claim
Hicom Suzuki Manufacturing Malaysia Sdn Bhd v. Mahkamah Perusahaan Malaysia & Ors
(Varghese George Varughese J) [2012] 6 CLJ 523 [HC]

Trade union - Recognition of members - Bank employees - Claim by Union to represent Bank's resident managers - Decision of Minister - Minister ruling that job grade Manager Band 4, 5 and 6 not employed in managerial capacities and could be represented by Union - Whether Minister failed to consider relevant facts - Whether Minister erred in law in making decision
HSBC Bank Malaysia Bhd v. Menteri Sumber Manusia, Malaysia & Anor
(Mohd Zawawi Salleh J) [2012] 6 CLJ 540 [HC]

TORT

Defamation - Libel - Context of online and newspaper publication - Allegation of first plaintiff having contagious skin problems - No evidence by doctor or of others contracting skin problem - Failure to prove justification for defamatory comment - Whether defamatory imputations true - Defamation Act 1957, s. 8
Chan Cheen Ken & Anor v. Cristlina Korok & Anor
(David Wong Dak Wah J) [2012] 6 CLJ 503 [HC]

Defamation - Libel - Context of online and newspaper publication - Whether words used lowered plaintiffs' reputation in estimation of right-thinking members of society - Whether defamatory - Whether defamatory imputations true - Defamation Act 1957, s. 8
Chan Cheen Ken & Anor v. Cristlina Korok & Anor
(David Wong Dak Wah J) [2012] 6 CLJ 503 [HC]

Defamation - Libel - Qualified privilege - Child - Care nursery - Letter of complaint against nursery to relevant authority - Whether authority had legal obligation to receive complaints - Whether letter of complaint protected by qualified privilege
Chan Cheen Ken & Anor v. Cristlina Korok & Anor
(David Wong Dak Wah J) [2012] 6 CLJ 503 [HC]

INDEKS PERKARA

PROSEDUR SIVIL

Perintah - Perintah mahkamah membatalkan kaveat atas hartanah - Permohonan untuk mengenepikan perintah - Penyerahan notis usul pemula kepada responden - Sama ada sah, teratur dan diterima - Sama ada responden mempunyai kepentingan yang boleh dikaveatkan atas hartanah - Kanun Tanah Negara, s. 327(1) - Sama ada akan membawa ketidakadilan dan prejudis besar kepada pemohon untuk perintah mahkamah diketepikan - Sama ada mahkamah functus officio
Abeille D'OR Corporation lwn. Jia Shun Sdn Bhd
(VT Singham H) [2012] 6 CLJ 481 [HC]

UNDANG-UNDANG TANAH

Kaveat - Pembatalan - Perintah membatalkan kaveat atas hartanah - Permohonan untuk mengenepikan perintah - Penyerahan notis usul pemula kepada responden - Sama ada sah, teratur dan diterima - Sama ada responden mempunyai kepentingan yang boleh dikaveatkan di atas hartanah - Kanun Tanah Negara, s. 327(1) - Sama ada akan membawa ketidakadilan dan prejudis besar kepada pemohon untuk perintah mahkamah diketepikan - Sama ada mahkamah functus officio
Abeille D'OR Corporation lwn. Jia Shun Sdn Bhd
(VT Singham H) [2012] 6 CLJ 481 [HC]

Legal Network Series Articles

1. THE COURTS AND THE COMMUNITY THE 20TH ANNUAL SIR RICHARD BLACKBURN LECTURE ^{[Read excerpt]}
    by: THE HON MICHAEL BLACK AC QC [2012] 1 LNS(A) lxii

2. THE THEORETICAL PERSPECTIVE OF THE COMPUTER CRIMINAL LAW IN THE ERA OF DIGITAL,
    GLOBALISATION AND GOVERNANCE ^{[Read excerpt]}
    by: ASSOCIATE PROF DR ZAITON HAMIN [2012] 1 LNS(A) lxiv

Principal Acts

Amending Acts

PU(A)

PU(B)