Legal Network Series

[2013] 1 LNS 239	KURNIA INSURANS (MALAYSIA) BERHAD v. PERSONAL REPRESENTATIVE OF ZENOL SAAD & ORS	INSURANCE: Motor insurance - Liability - Insurable interest - Accident claim pending before the Sessions Court - Whether this application to be decided based on outcome of Sessions Court proceedings - Whether insurable interest of Deceased ceased upon sale of the car by deceased to R2 - Whether policy automatically lapsed - Whether Deceased could assign his Policy to R2 or any third party - Whether insurers or applicant could be held responsible in respect of third party motorcyclists such as R3 and R4 INSURANCE: Motor insurance - Duty of disclosure - Material non-disclosure - Uberrimae Fide - Deceased failed to inform applicant car sold to R2 - Whether deceased had an insurable interest under the Policy - R2 retracted false police report concerning involvement in accident - Effect thereof - Whether applicant entitled to repudiate the policy and be allowed reliefs applied for
[2013] 1 LNS 244	SOH LIAN TENG & ORS v. LAI TAK SOON DANIEL & ANOR	LEGAL PROFESSION: Solicitors - Stakeholders - Appointment of - Whether defendants validly appointed by 3rd plaintiff as solicitors for purpose of sale and purchase of property - Whether 3rd plaintiff could only act through its board of directors - Whether a mandate from the board of directors via a board resolution necessary - Whether acts by PW1 to appoint defendant as solicitors were ultra vires the company - Whether possible for PW1 to appoint firm as 3rd plaintiff's stakeholder LEGAL PROFESSION: Solicitors - Stakeholders - Whether defendants were stakeholders for the 10% advance payment in respect of the sale and purchase of property - Whether solicitors held money as stakeholder or received monies as agent of the Vendor to be released to Vendor upon demand - Whether defendants acted accordingly in respect of the 10% advance payment - Whether defendants were liable to pay the plaintiffs the sum of RM300,0000 or part thereof
[2013] 1 LNS 247	BALDA SOLUTIONS MALAYSIA SDN BHD v. FOO WAN SENG	COMPANY LAW: Directors - Breach of duties - Whether there was a duty of care on defendant as a CEO and director of plaintiff to exercise reasonable care, skill and diligence in conduct of plaintiff's affairs - Whether defendant acted in breach of his duty of care and skill as CEO and director of plaintiff with respect to the Canon Projects - Whether defendant could excuse his actions by saying that he had appointed capable personnel to carry out the required tasks and relied on such persons to carry out their duty - Even if defendant had relied on his personnel, whether he had a duty to supervise them
[2013] 1 LNS 254	PHILIP MORRIS BRANDS SARI v. GOODNESS FOR IMPORT AND EXPORT & ORS	CIVIL PROCEDURE: Judgments and orders - Order of court - Stay of execution - Application for - Stay pending appeal - Whether it would render plaintiff's appeal to the Court of Appeal nugatory and academic if stay not granted - Whether substratum of the appeal destroyed and subject matter of Writ and Statement of Claim would no longer be in the jurisdiction of Malaysia and of the Court - Whether plaintiff successfully showed special circumstances which merited a stay - Whether on a balance of convenience, the status quo should be maintained - If decision favourable to first defendant, whether monetary compensation would be an adequate remedy CIVIL PROCEDURE: Injunction - Erinford injunction - Application for - Plaintiff's earlier injunction application dismissed - Whether Court precluded from granting the Erinford Injunction applied for by plaintiff - Whether with said Order, there was now no Writ in existence and thus no pending cause or matter for the Court to decide - Whether plaintiff's application should be dismissed in limine
[2013] 1 LNS 255	WONG KEE SEONG v. HONG LEONG BANK BERHAD	BANKING: Banker and customer - Duty of banker - Clearing or honouring cheques issued by a customer from his current account - Whether bank's duty or obligation to honour cheque promptly must also be balanced with its duty to exercise due care and diligence to determine authenticity of cheque - Whether defendant exercised reasonable care and prudence when it did not honour but returned cheque to payee - Whether defendant justified in deciding not to honour cheque

ARTICLE

Legal Network Series Article

1. REVIEW OF THE CONTRACTS ACT 1950: WHY AND WHAT?* ^{[Read excerpt]}
    by: TUN ABDUL HAMID MOHAMAD** [2013] 1 LNS(A) ixxxvii

LEGISLATION HIGHLIGHTS

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 A1456	Legal Profession (Amendment) Act 2013	Not Yet In Force	ACT 166
ACT A1455	Legal Profession (Amendment) Act 2012 (Amendment) Act 2013	Not Yet In Force	ACT A1444
ACT A1454	Supplementary Supply (2013) Act 2013	2 November 2013
ACT A1453	Supplementary Supply (2012) Act 2013	7 September 2013
ACT A1452	Animals (Amendment) Act 2013	20 August 2013 [PU(B) 359/2013]	ACT 647

PU(A)

Number	Title	Date of Publication	Date coming into force	Principal/Amending Act No
PU(A) 370/2013	Employees' Social Security (General) (Amendment) Regulations 2013	24 December 2013	1 January 2014	PU(A) 99/1971
PU(A) 369/2013	Real Property Gains Tax (Exemption) (Revocation) Order 2013	24 December 2013	1 January 2014	ACT 169
PU(A) 368/2013	Minimum Retirement Age (Inquiry) Regulations 2013	23 December 2013	1 January 2014	ACT 753
PU(A) 367/2013	Price Control And Anti-Profiteering (Price Marking Of Price-Controlled Goods) (No. 6) Order 2013	20 December 2013	23 December 2013 to 27 December 2013	ACT 723
PU(A) 366/2013	Price Control And Anti-Profiteering (Determination Of Maximum Price) (No. 8) Order 2013	20 December 2013	23 December 2013 to 27 December 2013	ACT 723

PU(B)

Number	Title	Date of Publication	Date coming into force	Principal/Amending Act No
PU(B) 488/2013	Commission Of Enquiry On Immigrants In Sabah - Enlargement Of Time	20 December 2013	21 September 2013	ACT 119
PU(B) 487/2013	Returns And Statements Of Election Expenses - Kedah	20 December 2013	Specified in column (4) of the Schedule	ACT 5
PU(B) 486/2013	Notice Under Subsection 70(2)	20 December 2013	Specified in column (3) of the First Schedule	ACT 333
PU(B) 485/2013	Reservation Of Land For Public Purpose For Lot 80558 Mukim Batu	17 December 2013	18 December 2013	ACT 56/1965
PU(B) 484/2013	Declaration Of Vacations Of The High Court In Malaya	16 December 2013	17 December 2013	PU(A) 326/1985

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