Legal Network Series

[2009] 1 LNS 818	PP v. KAMARULARIFFIN ABDULLAH	CRIMINAL PROCEDURE: Appeal - Appeals against conviction - Allegation that trial judge erred in deciding that prosecution had established a prima facie case against each of the 3 accused - Whether a prima facie case established for charge of rape - Whether trial judge correct in concluding that accused did not raise any reasonable doubt on prosecution's case CRIMINAL PROCEDURE: Appeal - Appeal against sentence - Rape - Victim punched when she was raped repeatedly by 3 accused - Public interest - Whether sentence imposed on the 3 accused manifestly inadequate - Whether appellate interference warranted to substitute sentence
[2009] 1 LNS 835	TUNKU MOKSIN TUNKU KHALID v. BUKIT BARISAN SDN BHD & ORS	LEGAL PROFESSION: Practice of law - Practice and etiquette - Dato' Manjit Singh presided as chairman and given mandate by proxy of 3rd respondent to vote at EGM - Dato' Manjit Singh representing respondents 1, 2 and 7 in present suit - Whether likely that Dato' Manjit Singh would be called to testify at the proceedings - Whether Dato' Manjit Singh's law firm, his partners and his legal assistants should be barred from representing respondents or any one or more of them - Legal Profession (Practice and Etiquette) Rules 1978, r. 3(b)(ii)
[2009] 1 LNS 922	PICA (M) CORPORATION BERHAD v. NILAILAND SDN BHD & ORS	CIVIL PROCEDURE: Trial - Submission of no case to answer - 1st defendant electing not to give evidence - Whether plaintiff led sufficient evidence to establish its case - Whether plaintiff proved its case on a balance of probabilities CONTRACT: Formation - Valid and binding agreement - Loan agreement bore company seal and signatures of 2 directors - Authorization of the 3rd defendant in entering into loan arrangements - Whether rule in Turquand's case applied on facts of this case - Whether loan agreement valid
[2010] 1 LNS 600	FY SDN BHD v. YEO HIAP SENG (MALAYSIA) BHD	CONTRACT: Breach - Agreement - Defendant agreeing to use both plaintiff's and defendant's machines and its own manpower to produce chicken nuggets for plaintiff - Defendant later sold machines to Ayam Wira and entered into a manufacturing agreement with them to produce chicken nuggets for them - Whether defendant breached agreement with plaintiff in doing so - Plaintiff took supply of chicken nuggets from Ayam Wira - Whether plaintiff's conduct and actions a waiver of defendant's breach CONTRACT: Construction - Plaintiff allowed to occupy a section of defendant's premises for the production of chicken nuggets for 2 years - Royalty paid to defendant - Whether agreement with plaintiff was a Tenancy Agreement (right to occupy) or a Manufacturing Agreement CONTRACT: Termination - Notice of termination not given - Purported oral mutual termination - Whether agreement mutually terminated and parties discharged from all obligations there under
[2010] LNS 1 1357	GOH HOCK HAI v. EON BANK BERHAD	BANKING: Banks and banking business - Personal account - Alleged unauthorized transactions from plaintiff's personal account - Whether defendant affected transfers without plaintiff's instructions or approval BANKING: Banks and banking business - Plaintiff denied receipt of or knowledge of terms and conditions governing his personal account - Whether plaintiff bound by defendant's terms and conditions - Failure to notify defendant of unauthorized debits within 21 days of date of statement of account - Whether plaintiff estopped from denying having authorized transfers - Whether plaintiff deemed to have waived his rights to do so CIVIL PROCEDURE: Counterclaim - Recovery of outstanding balance due under overdraft and term loan facilities granted to plaintiff - Whether defendant entitled to bring counterclaim against plaintiff - Whether sum claimed by defendant clearly accounted for in the certificate of indebtedness and statement of accounts

CLJ 2012 Volume 6 (Part 6)

COURT

FEDERAL COURT

Azman Mahmood & Anor v. SJ Securities Sdn Bhd
Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Ahmad Maarop, Hasan Lah, Zaleha Zahari FCJJ
(Civil Procedure; Securities - Stockbroker - Duties and obligations - Negligence) [2012] 6 CLJ 573 [FC]

COURT OF APPEAL

Dr John Reginald Benedict & Ors v. Dr Ravindran Menon & Ors
Abdul Wahab Patail, Clement Skinner, Aziah Ali JJCA
(Civil Procedure; Word & Phrases - Appeal against decision of Judicial Commissioner - JC issued direction and order as to witness statement - "unless otherwise ordered by the court" - Rules of the High Court 1980, O. 35A r. 1 - Interpretation of) [2012] 6 CLJ 592 [CA]

HIGH COURT

Elegant Scope Travel & Tours Sdn Bhd v. CDL Hotels (Malaysia) Sdn Bhd
Asmabi Mohamad JC
(Contract - Breach - Agreement - Option to renew - Damages - Claim for) [2012] 6 CLJ 624 [HC]

Medan Prestasi Sdn Bhd v. Law Kok Hong & Ors
Lau Bee Lan J
(Contract - Building contract - Termination - Mutual termination - Guarantee - Construction) [2012] 6 CLJ 641 [HC]

Tan Sri Datuk Ibrahim Mohamed v. Leong Tuck Onn & Anor
Hasnah Mohammed Hashim JC
(Legal Profession; Limitation - Duty to client - Breach of duty of care - Whether liable in damages) [2012] 6 CLJ 662 [HC]

Zainab Hj Sa'at & Yang Lain lwn. Chia Chin Kang
Umi Kalthum Abd Majid PK
(Undang-undang Tanah - Jualan tanah - Kaveat - Permohonan untuk pembatalan) [2012] 6 CLJ 676 [HC]

Zakaria Abdullah & Ors v. Lembaga Perlesenan Tenaga Atom & Ors
(Rohana Yusuf J)
(Administrative Law - Judicial review - Application for - Challenging decision of Lembaga Perlesenan Tenaga Atom in granting company temporary operational license) [2012] 6 CLJ 681 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Application for - Challenging decision of Lembaga Perlesenan Tenaga Atom in granting company temporary operational license - Atomic Energy Licensing Act 1984, s. 32 - Whether could be invoked - Exercise of appeal to Minister - Whether the proper forum - Whether court should proceed to review power over decision - Whether application premature
Zakaria Abdullah & Ors v. Lembaga Perlesenan Tenaga Atom & Ors
(Rohana Yusuf J) [2012] 6 CLJ 681 [HC]

CIVIL PROCEDURE

Appeal - Appeal against decision of Judicial Commissioner - JC issued direction and order as to witness statement - Oral testimony - Exclusion of - Whether JC had deliberately excluded oral evidence - Whether application to set aside order for witness statements should be reinstated - Whether appeals wholly without merit
Dr John Reginald Benedict & Ors v. Dr Ravindran Menon & Ors
(Abdul Wahab Patail, Clement Skinner, Aziah Ali JJCA) [2012] 6 CLJ 592 [CA]

Appeal - Interference by appellate court - Trading in shares - Unauthorised transactions - Intervention on finding of facts - Evaluation of facts and evidence - Findings based on written admission - Whether there was misdirection by trial judge in arriving at conclusion
Azman Mahmood & Anor v. SJ Securities Sdn Bhd
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Ahmad Maarop, Hasan Lah, Zaleha Zahari FCJJ) [2012] 6 CLJ 573 [FC]

Estoppel - Delay - Essence of estoppel - Whether delay can create estoppel - Whether estoppel can be applied to create liability
Azman Mahmood & Anor v. SJ Securities Sdn Bhd
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Ahmad Maarop, Hasan Lah, Zaleha Zahari FCJJ) [2012] 6 CLJ 573 [FC]

CONTRACT

Breach - Agreement - Option to renew - Whether automatic - Whether failure to renew agreement constituted breach - Whether renewal subject to strict compliance with terms and conditions of agreement - Whether there was concluded contract between parties
Elegant Scope Travel & Tours Sdn Bhd v. CDL Hotels (Malaysia) Sdn Bhd
(Asmabi Mohamad JC) [2012] 6 CLJ 624 [HC]

Breach - Damages - Claim for - Special and general damages - Whether claims substantiated with evidence - Whether claims proven
Elegant Scope Travel & Tours Sdn Bhd v. CDL Hotels (Malaysia) Sdn Bhd
(Asmabi Mohamad JC) [2012] 6 CLJ 624 [HC]

Building contract - Termination - Mutual termination - Whether parties agreed to mutual termination - Whether mutual termination proved on balance of probabilities
Medan Prestasi Sdn Bhd v. Law Kok Hong & Ors
(Lau Bee Lan J) [2012] 6 CLJ 641 [HC]

Guarantee - Construction - Clauses in letters of guarantee - Whether letters of guarantee unconditional, on demand or conditional
Medan Prestasi Sdn Bhd v. Law Kok Hong & Ors
(Lau Bee Lan J) [2012] 6 CLJ 641 [HC]

Guarantee - Demand for payment - Whether contract still subsisting - Breach of clause in letter of guarantee - Failure to comply with conditions in letters of guarantee - Whether negated plaintiff's claim under guarantee
Medan Prestasi Sdn Bhd v. Law Kok Hong & Ors
(Lau Bee Lan J) [2012] 6 CLJ 641 [HC]

LEGAL PROFESSION

Duty to client - Breach of duty of care - Failure to exercise due skill and diligence expected of an advocate and solicitor - Whether solicitor warned client about risks involved before execution of documents - Whether solicitors are in a better position to assess and evaluate the gravity or remoteness of risk involved in a particular transaction - Client suffered loss due to solicitor's failure to use proper care - Whether liable in damages - Whether breached duty of care to client
Tan Sri Datuk Ibrahim Mohamed v. Leong Tuck Onn & Anor
(Hasnah Mohammed Hashim JC) [2012] 6 CLJ 662 [HC]

Solicitors - Duty of care - Failure to exercise due skill and diligence expected of an advocate and solicitor - Whether solicitor warned client about risks involved before execution of documents - Whether solicitors are in a better position to assess and evaluate the gravity or remoteness of risk involved in a particular transaction - Client suffered loss due to solicitor's failure to use proper care - Whether liable in damages - Whether breached duty of care to client
Tan Sri Datuk Ibrahim Mohamed v. Leong Tuck Onn & Anor
(Hasnah Mohammed Hashim JC) [2012] 6 CLJ 662 [HC]

LIMITATION

Accrual of cause of action - Action against solicitor for breach of duty of care - Failure to exercise due skill and diligence expected of an advocate and solicitor - Allegation of - Loss suffered by plaintiff in 1995 and suit filed nine years later - Whether plaintiff's claim time-barred
Tan Sri Datuk Ibrahim Mohamed v. Leong Tuck Onn & Anor
(Hasnah Mohammed Hashim JC) [2012] 6 CLJ 662 [HC]

SECURITIES

Stockbroker - Duties and obligations - Negligence - Unauthorised dealings in client's shares by employee - Liability - Whether stockbroker liable for losses suffered by client
Azman Mahmood & Anor v. SJ Securities Sdn Bhd
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Ahmad Maarop, Hasan Lah, Zaleha Zahari FCJJ) [2012] 6 CLJ 573 [FC]

WORDS & PHRASES

"unless otherwise ordered by the court" - Rules of the High Court 1980, O. 35A r. 1 - Interpretation of
Dr John Reginald Benedict & Ors v. Dr Ravindran Menon & Ors
(Abdul Wahab Patail, Clement Skinner, Aziah Ali JJCA) [2012] 6 CLJ 592 [CA]

INDEKS PERKARA

UNDANG-UNDANG TANAH

Jualan tanah - Kaveat - Permohonan untuk pembatalan - Sama ada plaintif-plaintif adalah pihak yang terkilan - Sama ada defendan mempunyai kepentingan yang boleh dikaveat - Kanun Tanah Negara, s. 327(1)
Zainab Hj Sa'at & Yang Lain lwn. Chia Chin Kang
(Umi Kalthum Abd Majid PK) [2012] 6 CLJ 676 [HC]

Legal Network Series Articles

1. REGULATING EMBRYO RESEARCH: UNITED KINGDOM AS A MODEL AND THE POSITION OF ISLAM IN MALAYSIA ^{[Read excerpt]}
    by: Fadilah Abd Rahman [2012] 1 LNS(A) lxi

Principal Acts

Amending Acts

PU(A)

PU(B)