CLJ Logo CLJ Bulletin, Issue 2015, Vol 03
16 January 2015

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CASES(S) OF THE WEEK

TENG CHANG KHIM v. BADRUL HISHAM ABDULLAH & ANOR AND ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
ABDUL WAHAB PATAIL JCA, DAVID WONG DAK WAH JCA, VARGHESE GEORGE JCA
[CIVIL APPEALS NO: B-01-199-2011 & B-01-363-2011]
3 DECEMBER 2014

CONSTITUTIONAL LAW: Legislature - State Assembly - Absence of assemblyman from State Legislative Assembly sittings - Speaker of State Legislative Assembly announced vacancy of assemblyman's seat in press conference and mass media - Announcement not made during proceedings of State Legislative Assembly - Whether Speaker's act in declaring vacancy of seat immune from legal action - Selangor State Constitution 1959, arts. 69, 70(1)

CIVIL PROCEDURE: Default judgment - Setting aside - Speaker of State Legislative Assembly announced vacancy of assemblyman's seat in press conference and mass media - Announcement not made during proceedings of State Legislative Assembly - High Court held that assemblyman was still State Legislative Assemblyman for his constituency and that there was no vacancy of said seat - Appeal against decision of High Court - Request for adjournment not granted - Whether judge correct in not allowing adjournment requested