Legal Network Series

[2011] 1 LNS 1055	METROPLEX BERHAD v. COMMERCE INTERNATIONAL MERCHANT BANKERS BERHAD & ORS	CIVIL PROCEDURE: Striking out - Action - Application for - Whether plaintiff had locus standi to institute action against 1st defendant - Whether fact that MHSB was a wholly owned subsidiary of plaintiff vested plaintiff with requisite locus standi to initiate present action - Whether plaintiff had sufficient interest in auction sale of the Land - Whether there was duplicity of proceedings and action was vexatious and an abuse of process - Whether Originating Summons disclosed any reasonable cause of action against 1st defendant or other defendants - Whether a fit and proper case for the court to strike out plaintiff's claim CIVIL PROCEDURE: Parties - Misjoinder - Whether 3rd defendant was merely an investment trust traded on Bursa Malaysia and ought not to have been made a party - Whether 2nd defendant was trustee who held the Land on trust for 3rd defendant - Whether legal entity was 2nd defendant and not 3rd defendant - Whether any purpose in joining 3rd defendant as a party CIVIL PROCEDURE: Estoppel - Issue estoppel - Present action was second attempt by plaintiff to challenge 1st defendant's exercise of its rights under the Charge - Whether issue estoppel operated against plaintiff to bar present action - Whether present action vexatious and abusive in nature CIVIL PROCEDURE: Jurisdiction - Registrar - Whether 5th defendant improperly and unnecessarily made a party to action - Whether 5th defendant acted ultra vires or in excess of jurisdiction - Whether 5th defendant's action covered under s. 14(2) of the Courts of Judicature Act which shielded him from any suit in a civil court - Whether judicial immunity applied to 5th defendant - Whether plaintiff's remedy, if any, in respect of any orders or rulings made by 5th defendant was to file an appeal LAND LAW: Sale of land - Auction - Whether plaintiff or the chargor could question propriety of allowing 2nd defendant to bid at auction sale - Whether fact that there were foreigners who purchased Sunway REIT on Bursa Malaysia made Sunway REIT a foreign entity - Whether any prohibition in the National Land Code against local companies such as 2nd defendant bidding in a public auction as trustee for a REIT, even if a portion of the REIT was owned or subsequently owned by foreigners
[2011] 1 LNS 1075	TENGAH OIL AND GAS INTERNATIONAL PTE LTD v. SEAWEALTH NAUTICAL SDN BHD & ANOR	CONTRACT: Breach - Contract for work done and materials supplied - Whether 1st defendant's failure to take possession of and pay for the raised skid beams constituted a breach of its Contract with plaintiff - Whether plaintiff's claim against 1st defendant for breach of Contract was independent of plaintiff's claim against 2nd defendant for interference with that Contract - Whether both actions had to be considered separately and independently TORT: Inducement of breach of Contract - Wrongful interference with contractual relations - Whether 2nd defendant's conduct amounted to wrongful interference with the contractual relationship between plaintiff and 1st defendant - Whether there was interference with the Contract - Whether 2nd defendant had a separate Contract with 1st defendant - Whether 2nd defendant entitled to act within their rights under that Contract - Whether 2nd defendant's acted in bad faith
[2011] 1 LNS 1153	DATO KRISHNA KUMAR TN SHARMA v. TAF HOLDINGS SDN BHD	BANKRUPTCY: Adjudication and receiving orders (AO and RO) - Setting aside - Judgment debtor's appeal against Registrar's decision refusing to set aside AO and RO - Whether notice of appeal filed out of time - Whether relevant rule to determine validity of notice of appeal was O. 56 (1)(3) of the Rules of the High Court but rule 89 (b) of the Bankruptcy Rules - Whether judgment debtor allowed 14 days to lodge his appeal BANKRUPTCY: Official assignee(OA) - Sanction - Appeal - Whether judgment debtor could be represented by Counsel without the sanction of the OA - Whether sanction necessary when judgment debtor appealing against an order forming subject matter of his own Bankruptcy BANKRUPTCY: Adjudication and receiving orders - Setting aside - Judgment debtor's appeal against Registrar's decision refusing to set aside AO and RO - Absence of judgment debtor and his Counsel at the hearing without prior request to stand down the matter - Whether further injustice would have been caused to judgment creditor if hearing had been postponed again
[2011] 1 LNS 1314	TANG KHAY LENG v. PP	CRIMINAL PROCEDURE: Trial - Dangerous Drugs Act 1952 - Prosecution's case - Whether accused had custody and control of the Drugs - Whether accused had knowledge of the Drugs - Whether accused deemed to have possession of the Drugs - Whether accused committed act of trafficking - Whether prosecution proved a prima facie case against accused - Whether prosecution proved its case beyond reasonable doubt CRIMINAL PROCEDURE: Trial - Dangerous Drugs Act 1952 - Defence's story - Whether the accused's friend cum agent of illegal online football betting business named 'William" framed accused for offence - Whether accused went barehanded to hotel room to retrieve a laptop left behind by a friend of William - Whether accused was carrying a red plastic package containing the Drugs in his left hand when he was caught and arrested by the police - Whether person called "William' existed - Whether concocted to shift the blame for offence committed by accused EVIDENCE: Exhibit - Identity of exhibits - Whether any break in the chain of evidence regarding the Drug exhibits - Whether any doubt as to the identity of the Drug exhibits - Whether accused failed to create a reasonable doubt on the prosecution case
[2011] 1 LNS 1562	LOW PECK LIM v. NG KONG LING & ORS	CIVIL PROCEDURE: Summary application - Rules of the High Court 1980, O. 14A - Matter reached final stage of case management preparatory to setting case down for trial - Whether too late for application to be filed - Whether O. 14A application could be made at any stage of the proceedings - Application filed without consent of, or consultation with, plaintiff - Whether any requirement that consent of other party had to be obtained or consultation sought - Defendants disputed material facts in plaintiff's claim - Whether appropriate for matter to be resolved by way of an O. 14A application

CLJ 2013 Volume 9 (Part 3)

COURT

FEDERAL COURT

Hong Kwi Seong v. Ganad Media Sdn Bhd
Hashim Yusoff, Suriyadi Halim Omar, Ahmad Maarop, Zaleha Zahari, Jeffrey Tan FCJJ
(Civil Procedure - Judgment - Setting aside - Delay in filing application within time frame - Failure to obtain enlargement of time) [2013] 9 CLJ 277 [FC]

COURT OF APPEAL

Mahadzir Yusof & Anor v. PP
Zainun Ali, Hasan Lah, Hishamudin Mohd Yunus JJCA
(Evidence - Accomplice - Whether witness was an accomplice - Whether witness shared common intention to murder deceased) [2013] 9 CLJ 287 [CA]

Shamsul Kamar Karia v. PP
Azahar Mohamed, Mohd Zawawi Salleh, Hamid Sultan Abu Backer JJCA
(Criminal Law; Evidence - Dangerous Drugs Act 1952 - Section 39B(1)(a) - Evidence of chemist - Whether satisfactorily and adequately adduced) [2013] 9 CLJ 387 [CA]

HIGH COURT

Lim Chok v. Lim Chik Lock
Abdul Rahman Sebli J
(Company Law - Charges - Land - Facilities charged on land belonging to another company) [2013] 9 CLJ 397 [HC]

Plastech Industrial Systems Sdn Bhd v. N&C Resources Sdn Bhd & Ors
Umi Kalthum Abd Majid J
(Civil Procedure - Contempt of court - Committal proceedings - Application to strike out - Filing affidavits to oppose application for committal proceedings - Whether ex parte order rightfully rejected) [2013] 9 CLJ 404 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Appeal - Leave to appeal - Appeal to Federal Court - Questions posed for determination - Whether court could refuse to answer questions - Whether requirements under s. 96 Courts of Judicature Act 1964 satisfied - Rules of the Federal Court 1995, r. 106 - Sri Kelangkota-Rakan Engineering JV Sdn Bhd & Anor v. Arab-Malaysian Prima Realty Sdn Bhd & Ors
Hong Kwi Seong v. Ganad Media Sdn Bhd
(Hashim Yusoff, Suriyadi Halim Omar, Ahmad Maarop, Zaleha Zahari, Jeffrey Tan FCJJ) [2013] 9 CLJ 277 [FC]

Contempt of court - Committal proceedings - Application to strike out - Filing affidavits to oppose application for committal proceedings - Whether ex parte order rightfully rejected
Plastech Industrial Systems Sdn Bhd v. N&C Resources Sdn Bhd & Ors
(Umi Kalthum Abd Majid J) [2013] 9 CLJ 404 [HC]

Judgment - Setting aside - Delay in filing application within time frame - Failure to obtain enlargement of time - Whether application failed - Rules of the High Court 1980, O. 3 r. 5 &
O. 42 r. 13
Hong Kwi Seong v. Ganad Media Sdn Bhd
(Hashim Yusoff, Suriyadi Halim Omar, Ahmad Maarop, Zaleha Zahari, Jeffrey Tan FCJJ) [2013] 9 CLJ 277 [FC]

Judgment and orders - Ex parte order - Application to set aside - Whether judgment and order had to be served personally - Whether third defendant had constructive knowledge and notice of terms of judgment and order - Whether service on third defendant could be dispensed with - Rules of Court 2012, O. 45 r. 7(7)
Plastech Industrial Systems Sdn Bhd v. N&C Resources Sdn Bhd & Ors
(Umi Kalthum Abd Majid J) [2013] 9 CLJ 404 [HC]

COMPANY LAW

Charges - Land - Facilities charged on land belonging to another company - Default of repayment - Commencement of proceedings to charge land - Settlement of debts by guarantor - Claim for 50% debt settled from co-guarantor - Whether money used to settle debts was guarantor's own money or company's money - Lim Eow Thoon v. Lim Fang Tee & Ors
Lim Chok v. Lim Chik Lock
(Abdul Rahman Sebli J) [2013] 9 CLJ 397 [HC]

CRIMINAL LAW

Common intention - Participation in criminal act - Accused persons enlisted witness' help to recover monies from deceased - Deceased taken to isolated spot and attacked by accused persons - Whether witness was an accomplice - Whether there was common intention between accused persons and witness to murder deceased - Penal Code s. 302
Mahadzir Yusof & Anor v. PP
(Zainun Ali, Hasan Lah, Hishamudin Mohd Yunus JJCA) [2013] 9 CLJ 287 [CA]

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking - Conviction and sentence - Appeal against - Evidence of chemist - Whether satisfactorily and adequately adduced - Whether s. 399(1) Criminal Procedure Code complied with - Whether chemist report admissible - Whether there was illegality which could not be cured under s. 422 Criminal Procedure Code - Whether general provisions of s. 32 Evidence Act 1950 must yield to specific provisions of s. 399(1) Criminal Procedure Code - Whether evidence sufficient to justify appellant's conviction
Shamsul Kamar Karia v. PP
(Azahar Mohamed, Mohd Zawawi Salleh, Hamid Sultan Abu Backer JJCA) [2013] 9 CLJ 387 [CA]

Defence - Self defence - Deceased taken to isolated place by accused persons to recover monies - Deceased attacked by accused persons using baseball bat and parang - Allegation that attacks made out of self defence - Whether there was grave and sudden provocation - Whether defence could prevail - Deceased suffered 23 external injuries and cracked skull - Whether injuries sustained reflected act done out of self defence
Mahadzir Yusof & Anor v. PP
(Zainun Ali, Hasan Lah, Hishamudin Mohd Yunus JJCA) [2013] 9 CLJ 287 [CA]

CRIMINAL PROCEDURE

Accomplice - Whether witness was an accomplice - Accused persons enlisted witness' help to recover monies from deceased - Deceased taken to isolated spot and attacked by accused persons - Prosecution relied on statement by witness who was at crime scene - Whether safe to rely on witness' uncorroborated evidence - Whether witness shared common intention to murder deceased
Mahadzir Yusof & Anor v. PP
(Zainun Ali, Hasan Lah, Hishamudin Mohd Yunus JJCA) [2013] 9 CLJ 287 [CA]

EVIDENCE

Accomplice - Whether witness an accomplice - Court of Appeal overturned High Court's finding that prosecution's main witness in murder trial was not accused's accomplice - Whether finding that witness was an accomplice had bearing on conviction of accused - Whether accomplice's evidence corroborated in material particulars by other independent evidence - Whether accused had common intention to murder - Whether defence of self-defence proved - Whether conviction safe - Evidence Act 1950, s. 133
Mahadzir Yusof & Anor v. PP
(Zainun Ali, Hasan Lah, Hishamudin Mohd Yunus JJCA) [2013] 9 CLJ 287 [CA]

Documentary evidence - Chemist report - Dangerous drugs - Trafficking in cannabis - Evidence of chemist - Whether satisfactorily and adequately adduced - Whether s. 399(1) Criminal Procedure Code complied with - Whether chemist report inadmissible - Whether there was illegality which could not be cured under s. 422 Criminal Procedure Code - Whether general provisions of s. 32 Evidence Act 1950 must yield to specific provisions of s. 399(1) Criminal Procedure Code - Whether evidence sufficient to justify appellant's conviction
Shamsul Kamar Karia v. PP
(Azahar Mohamed, Mohd Zawawi Salleh, Hamid Sultan Abu Backer JJCA) [2013] 9 CLJ 387 [CA]

CLJ 2013 Volume 9 (Part 4)

COURT

FEDERAL COURT

Norizan Bakar v. Panzana Enterprise Sdn Bhd
Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Zainun Ali FCJJ
(Labour Law - Industrial Court - Jurisdiction - Unfair dismissal) [2013] 9 CLJ 409 [FC]

COURT OF APPEAL

Index Continent Sdn Bhd v. Bar Malaysia
Hishamudin Mohd Yunus, Zaharah Ibrahim, Azahar Mohamad JJCA
(Legal Profession; Civil Procedure - Malaysian Bar - Object and powers of Bar Council) [2013] 9 CLJ 433 [CA]

Victoria Jayaseele Martin v. Majlis Agama Islam Wilayah Persekutuan & Anor
Abu Samah Nordin, Alizatul Khair Osman, Aziah Ali JJCA
(Islamic Law; Statutory Interpretation; Words & Phrases - Syariah legal profession - Legal practice - Admission of Peguam Syarie) [2013] 9 CLJ 444 [CA]

HIGH COURT

Affin Bank Bhd v. Chandran G Nair & Ors
Yeoh Wee Siam J
(Legal Profession; Tort - Solicitors - Breach of duty - Professional negligence) [2013] 9 CLJ 460 [HC]

Ahmad Rashidi Zainol & Anor v. PP
Zamani A Rahim J
(Criminal Law; Criminal Procedure - Penal Code - Section 395 - Gang robbery) [2013] 9 CLJ 476 [HC]

Ku Jia Shiuen & Anor v. Kerajaan Malaysia & Ors
Vernon Ong J
(Tort; Civil Procedure; Evidence - Negligence - Professional negligence - Medical practitioners) [2013] 9 CLJ 489 [HC]

Kuthubul Zaman Bukhari & Anor v. Tsai Su Chu & Ors
Gunalan Muniandy JC
(Company Law - Directors - Recovery of debt against director - Judgment debt) [2013] 9 CLJ 524 [HC]

Mohamad Nohing & Ors v. Pejabat Tanah Dan Galian Negeri Pahang & Ors
Akhtar Tahir J
(Administrative Law; Land Law - Remedies - Judicial review - Customary land - Rights to) [2013] 9 CLJ 533 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Remedies - Judicial review - Customary land - Land claimed to be part of aborigine inhabited land by Semalai native tribe - Rights to - Whether Semalais an identifiable aborigine group - Whether applicants descendants of Semalais - Whether area claimed amply identified - Whether Aboriginal Peoples Act 1954 sought to protect and uplift rights of aborigines - Whether gazetting of area as Malay Reserve Land and setting up of FELCRA scheme amounted to illegal encroachment
Mohamad Nohing & Ors v. Pejabat Tanah Dan Galian Negeri Pahang & Ors
(Akhtar Tahir J) [2013] 9 CLJ 533 [HC]

CIVIL PROCEDURE

Injunction - Appeal against - High Court granted interlocutory and quia timet injunction against appellant which provided advertising service of connecting general public to firms providing legal assistance - Nature of action - Whether civil proceeding or criminal prosecution - Whether powers of Attorney General as Public Prosecutor usurped - Whether Bar Council had locus standi to commence action and apply for injunction - Legal Profession Act 1976, ss. 37, 41, 42, 47 & 57
Index Continent Sdn Bhd v. Bar Malaysia
(Hishamudin Mohd Yunus, Zaharah Ibrahim, Azahar Mohamad JJCA) [2013] 9 CLJ 433 [CA]

Pleadings - Statement of claim - Amendment of - Application to amend made after plaintiffs closed their case - Whether defendants prejudiced
Ku Jia Shiuen & Anor v. Kerajaan Malaysia & Ors
(Vernon Ong J) [2013] 9 CLJ 489 [HC]

COMPANY LAW

Directors - Recovery of debt against director - Judgment debt - Dissipation of company's assets and funds before court delivered its decision - Whether done with fraudulent intention to defraud plaintiffs - Whether sequence of events to be viewed in its totality - Whether disposal of assets detrimental to and jeopardised financial standing of company - Whether directors personally liable to settle judgment debt owed by company - Companies Act 1965, s. 304
Kuthubul Zaman Bukhari & Anor v. Tsai Su Chu & Ors
(Gunalan Muniandy JC) [2013] 9 CLJ 524 [HC]

CRIMINAL LAW

Penal Code - Section 395 - Gang robbery - Accused persons snatched gold necklace worn by 76 year old lady - Accused persons found guilty, convicted and each sentenced to five years' imprisonment and three strokes of whipping - Whether sentence adequate and proportionate with crime committed
Ahmad Rashidi Zainol & Anor v. PP
(Zamani A Rahim J) [2013] 9 CLJ 476 [HC]

CRIMINAL PROCEDURE

Appeal - Decision of trial judge - Accused persons charged with gang robbery - Accused persons each sentenced to five years' imprisonment and three strokes of whipping - Maximum punishment for offence - Whether sentence adequate and proportionate with offence committed - Penal Code, s. 395
Ahmad Rashidi Zainol & Anor v. PP
(Zamani A Rahim J) [2013] 9 CLJ 476 [HC]

Trial - Defence - Alibi - Whether a recent invention and an afterthought - Whether accused persons found guilty and convicted
Ahmad Rashidi Zainol & Anor v. PP
(Zamani A Rahim J) [2013] 9 CLJ 476 [HC]

EVIDENCE

Expert evidence - Weight of - Whether evidence was independent, objective and unbiased - Whether opinions of plaintiffs' expert witnesses were preferred - Whether witnesses omitted any material facts or attempted to mislead court - Whether opinion of experts assisted court in determining issues and arriving at just decision
Ku Jia Shiuen & Anor v. Kerajaan Malaysia & Ors
(Vernon Ong J) [2013] 9 CLJ 489 [HC]

Witnesses - Credibility of - Weight to be assigned - Oral evidence of nurses and midwives from Birthing Centre and third and fourth defendants - Whether based on memory of incident of birth that occurred in hospital seven years ago - Whether evidence reliable
Ku Jia Shiuen & Anor v. Kerajaan Malaysia & Ors
(Vernon Ong J) [2013] 9 CLJ 489 [HC]

ISLAMIC LAW

Syariah legal profession - Legal practice - Admission of Peguam Syarie - Powers of Majlis Agama Islam - Whether could only admit Muslims as Peguam Syarie - Administration of Islamic Law (Federal Territories) Act 1993, s. 59(1) & (2) - Peguam Syarie Rules 1993, r. 10
Victoria Jayaseele Martin v. Majlis Agama Islam Wilayah Persekutuan & Anor
(Abu Samah Nordin, Alizatul Khair Osman, Aziah Ali JJCA) [2013] 9 CLJ 444 [CA]

LABOUR LAW

Dismissal - Unfair dismissal - Allegation of - Misconduct - Appellant served on board of directors in another company while in respondent's employment - Whether a breach of respondent company's code of conduct - Whether punishment of dismissal unduly harsh - Whether appellant's dismissal reasonable and fair
Norizan Bakar v. Panzana Enterprise Sdn Bhd
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Zainun Ali FCJJ) [2013] 9 CLJ 409 [FC]

Industrial Court - Jurisdiction - Whether Industrial Court could substitute own view, in place of employer's view, as to appropriate penalty for employee's misconduct - Whether Industrial Court duty-bound to use doctrine of proportionality of punishment to decide whether misconduct justified dismissal - Whether Industrial Court should take all relevant factors into account before ruling unfair dismissal
Norizan Bakar v. Panzana Enterprise Sdn Bhd
(Raus Sharif PCA, Zulkefli Makinudin CJ (Malaya), Hashim Yusoff, Abdull Hamid Embong, Zainun Ali FCJJ) [2013] 9 CLJ 409 [FC]

LAND LAW

Customary land - Rights to - Land claimed to be part of aborigine inhabited land by Semalai native tribe - Whether Semalais an identifiable aborigine group - Whether applicants descendants of Semalais - Whether area claimed amply identified - Claim for land for foraging and hunting - Whether justifiable
Mohamad Nohing & Ors v. Pejabat Tanah Dan Galian Negeri Pahang & Ors
(Akhtar Tahir J) [2013] 9 CLJ 533 [HC]

LEGAL PROFESSION

Malaysian Bar - Object and powers of Bar Council - Appellant provided service of connecting general public to firms providing legal assistance - Service advertised - Whether company's acts contravened provisions of Legal Profession Act 1976 - Application for interlocutory and quia timet injunction against company - Whether Bar Council had locus standi to commence action and apply for injunction - Legal Profession Act 1976, ss. 37, 41, 42, 47 & 57
Index Continent Sdn Bhd v. Bar Malaysia
(Hishamudin Mohd Yunus, Zaharah Ibrahim, Azahar Mohamad JJCA) [2013] 9 CLJ 433 [CA]

Solicitors - Breach of duty - Professional negligence - Actions taken by defendants in legal proceedings on behalf of plaintiff - Failure of defendants to take right course of action - Whether defendants negligent in their conduct - Failure to ensure consent judgment executed within statutory time limit - Limitation Act 1953, s. 6(3) - Whether defendants negligent in discharge of their duties - Whether plaintiff suffered damages - But for test - Failure to exercise reasonable skill and care as required of ordinary skilled or competent solicitors - Whether defendants liable to plaintiff for tort of negligence
Affin Bank Bhd v. Chandran G Nair & Ors
(Yeoh Wee Siam J) [2013] 9 CLJ 460 [HC]

STATUTORY INTERPRETATION

Construction of statutes - Administration of Islamic Law (Federal Territories) Act 1993, s. 59(1) & (2) - Powers of Majlis Agama Islam to admit Peguam Syarie - Power to admit "any person having sufficient knowledge of Islamic law as Peguam Syarie" in s. 59(1) - Whether subject to and curtailed by s. 59(2) of Act - Whether could only admit persons of the Islamic faith
Victoria Jayaseele Martin v. Majlis Agama Islam Wilayah Persekutuan & Anor
(Abu Samah Nordin, Alizatul Khair Osman, Aziah Ali JJCA) [2013] 9 CLJ 444 [CA]

Construction of statutes - Parent and subsidiary legislation - Administration of Islamic Law (Federal Territories) Act 1993 - Peguam Syarie Rules 1993 - Inconsistency - Provision in Rules contrary to intent and purport of provision in parent Act - Whether Rules did not stand on equal footing with parent Act - Whether could not override parent Act - Whether provision in Rules ultra vires
Victoria Jayaseele Martin v. Majlis Agama Islam Wilayah Persekutuan & Anor
(Abu Samah Nordin, Alizatul Khair Osman, Aziah Ali JJCA) [2013] 9 CLJ 444 [CA]

TORT

Negligence - Professional negligence - Medical practitioners - Claim against hospital and staff - Whether defendants liable for baby's present disability - Expert evidence - Whether opinion of experts assisted court in determining issues and arriving at just decision - Whether defendants had provided appropriate immediate after care after delivery of baby - Whether defendants failed to ensure qualified and suitable O&G care was available to manage plaintiffs - Whether negligence proven - Damages - Quantum - Assessment of - General damages - Factors taken into consideration in awarding general damages - Special Damages
Ku Jia Shiuen & Anor v. Kerajaan Malaysia & Ors
(Vernon Ong J) [2013] 9 CLJ 489 [HC]

Negligence - Professional negligence - Solicitor and client - Breach of duty - Whether proved - Actions taken by defendants in legal proceedings on behalf of plaintiff - Whether defendants negligent in their conduct - Failure of defendants to take right course of action - Failure to ensure consent judgment executed within statutory time limit - Limitation Act 1953, s. 6(3) - Whether defendants negligent in discharge of their duties - Whether plaintiff suffered damages - But for test - Failure to exercise reasonable skill and care as required of ordinary skilled or competent solicitors - Whether defendants liable to plaintiff for tort of negligence
Affin Bank Bhd v. Chandran G Nair & Ors
(Yeoh Wee Siam J) [2013] 9 CLJ 460 [HC]

WORDS & PHRASES

"any person" - Section 59(1), Administration of Islamic Law (Federal Territories) Act 1993 - Natural meaning - Whether meaning "any Muslim" - Whether meaning any person regardless of his or her religion
Victoria Jayaseele Martin v. Majlis Agama Islam Wilayah Persekutuan & Anor
(Abu Samah Nordin, Alizatul Khair Osman, Aziah Ali JJCA) [2013] 9 CLJ 444 [CA]