Bulletin_50

CLJ Bulletin, Vol 2004, Issue 50
17 December 2004

Introduction:
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New This Week - CLJ December (Part 2) 2004

COURT

FEDERAL COURT

Tanjong Jara Beach Hotel Sdn Bhd v. National Union Of Hotel, Bar & Restaurant Workers Peninsular Malaysia
(Industrial Court - Exercise of interpretative power under s. 33(1) Industrial Relations Act 1967 to determine complaint filed under s. 56 of same - Whether Industrial Court acted in excess of jurisdiction) [2004] 4 CLJ 657

COURT OF APPEAL

ESPL (M) Sdn Bhd v. Radio & General Engineering Sdn Bhd
(Injunction - Injunction sought by defendant to compel plaintiff to continue paying monies received for construction works into bank account) [2004] 4 CLJ 674

Safege Consulting Engineers v. Ranhill Bersekutu Sdn Bhd
(Arbitration - Arbitrator) [2004] 4 CLJ 699

HIGH COURT

Harta Packaging Industries (Malacca) Sdn Bhd v. Cymun Development Sdn Bhd
(Civil procedure - Transfer - Transfer of case) [2004] 4 CLJ 712

Rasid Kulop Mohamad v. Timbalan Menteri Dalam Negeri & Ors
(Habeas corpus - Authorization for continued detention of detainee not properly addressed) [2004] 4 CLJ 721

SUBJECT INDEX

ARBITRATION

Arbitrator - Jurisdiction of arbitrator - Definition of phrase - Whether jurisdiction of arbitrator could be inferred by powers of arbitrator
Safege Consulting Engineers v. Ranhill Bersekutu Sdn Bhd
(Abdul Aziz Mohamad, Richard Malanjum & Nik Hashim JJCA) [2004] 4 CLJ 699 [CA]

CIVIL PROCEDURE

Injunction - Interlocutory mandatory injunction - Principles governing grant of mandatory injunction - Whether applicable
ESPL (M) Sdn Bhd v. Radio & General Engineering Sdn Bhd
(Gopal Sri Ram, Abdul Kadir Sulaiman & Mohd Ghazali Yusoff JJCA) [2004] 4 CLJ 674 [CA]

Injunction - Interlocutory mandatory injunction, appeal against refusal of - Injunction sought by defendant to compel plaintiff to continue paying monies received for construction works into bank account - Whether monies in account were held by plaintiff on trust in favour of defendant - Whether defendant entitled to relief sought to protect its proprietary interest therein - Whether learned judge erred in refusing relief on ground that monies were unascertainable by reason of set-off claimed by plaintiff
ESPL (M) Sdn Bhd v. Radio & General Engineering Sdn Bhd
(Gopal Sri Ram, Abdul Kadir Sulaiman & Mohd Ghazali Yusoff JJCA) [2004] 4 CLJ 674 [CA]

Transfer - Transfer of case from Melaka Sessions Court to Ipoh Sessions Court - Whether cause of action occurred in Melaka where breach of contract took place - Whether defendant had place of business in Melaka where action was instituted - Whether sessions court judge erred in decision to transfer case to Ipoh Sessions Court - Subordinate Courts Act 1948, s. 2(1)(a), (b) - Courts of Judicature Act 1964, s. 23(1)(a)
Harta Packaging Industries (Malacca) Sdn Bhd v. Cymun Development Sdn Bhd
(Low Hop Bing J) [2004] 4 CLJ 712 [HC]

EQUITY

Equitable remedies and reliefs - Injunction - Injunction sought by defendant to compel plaintiff to continue paying monies received for construction works into bank account - Whether relationship between parties was that of a trust to entitle defendant to injunctive relief
ESPL (M) Sdn Bhd v. Radio & General Engineering Sdn Bhd
(Gopal Sri Ram, Abdul Kadir Sulaiman & Mohd Ghazali Yusoff JJCA) [2004] 4 CLJ 674 [CA]

LABOUR LAW

Industrial Court - Jurisdiction - Exercise of interpretative power under s. 33(1) Industrial Relations Act 1967 to determine complaint filed under s. 56 of same - Whether Industrial Court acted in excess of jurisdiction - Whether interpretation of collective agreement disclosed error of law - Industrial Relations Act 1967, ss. 29, 30(5) - Holiday Inn Kuala Lumpur v. National Union of Hotel, Bar & Restaurant Workers - National Union of Petroleum & Chemical Industry Workers v. Amalgamated Properties & Industries Bhd - Syarikat Kenderaan Melayu Kelantan Bhd v. Transport Workers Union
Tanjong Jara Beach Hotel Sdn Bhd v. National Union Of Hotel, Bar & Restaurant Workers Peninsular Malaysia
(Steve Shim CJ (Sabah & Sarawak), Abdul Malek Ahmad & Abdul Hamid Mohamad FCJJ) [2004] 4 CLJ 657 [FC]

PREVENTIVE DETENTION

Habeas corpus - Application for - Authorization for continued detention of detainee not properly addressed - Whether constituted a failure of a procedurally substantive requirement - Whether detention unlawful - Whether habeas corpus ought to be granted
Rasid Kulop Mohamad v. Timbalan Menteri Dalam Negeri & Ors
(Abdul Kadir Musa J) [2004] 4 CLJ 721 [HC]

TRUSTS

Trusts - Requirements of a trust - Whether satisfied - Whether bank account set up for payment of construction works created a relationship of trustee and beneficiary between parties concerned
ESPL (M) Sdn Bhd v. Radio & General Engineering Sdn Bhd
(Gopal Sri Ram, Abdul Kadir Sulaiman & Mohd Ghazali Yusoff JJCA) [2004] 4 CLJ 674 [CA]

WORD & PHRASES

‘Jurisdiction of arbitrator’ - Meaning of
Safege Consulting Engineers v. Ranhill Bersekutu Sdn Bhd
(Abdul Aziz Mohamad, Richard Malanjum & Nik Hashim JJCA) [2004] 4 CLJ 699 [CA]

‘Powers of arbitrator’ - Meaning of
Safege Consulting Engineers v. Ranhill Bersekutu Sdn Bhd
(Abdul Aziz Mohamad, Richard Malanjum & Nik Hashim JJCA) [2004] 4 CLJ 699 [CA]

CASE OF THE WEEK

HLB NOMINEES (TEMPATAN) SDN BHD v. SJA BERHAD & ANOR

COMPANY LAW: Meetings - Enlargement of time to hold EGM allowed by court - Whether enlargement granted was not proper as notice was declared null and void - Companies Act 1965, ss. 144(3), 355

COMPANY LAW: Meetings - Extaroordinary general meeting - Convening of meeting within three months - Whether three months to commence from date of deposit of requisition or after 21 days from date of deposit of requisition - Companies Act 1956, s.144(3)

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