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FEATURED CASES

Adorna Properties Sdn Bhd

 

Part 1

Part 2

Part 3

  • Case No.

    1. Y.T. Chia v S.K. Ng [FCM]

      • File size: 35kb

      • Matter: courts - Federal Court of Malaysia - decision - constitution of the FCM - the FCM (3 judges) heard an appeal & reserved their decision - Deputy Registrar of FCM delivered the decision in open court at a time when two of the three judges had already retired - however, the decision was signed by two judges - whether the judgment was effective on the day it was pronounced or on the day when it was signed - whether the judgment was delivered by a properly constituted court - whether the FCM has power to review its own decision.

    2. M.Y. Lian v Abdul Rashid Maidin [CAM]

      • File size: 36kb

      • Matter: contract - validity - parties in litigation entered a consent order - the consent order required the respondent to withdraw a police report lodged earlier on - whether the contract embodied in the consent order is valid.

    3. Ing Merchant Bank v Mohamed Anuar Embong [CAM]

      • File size: 33kb

      • Matter: court - jurisdiction - forum non conveniens - defendant is a Singapore party - defendant's witnesses are citizens and residents of Singapore - subpoena issued by Malaysian court could not be effected in Singapore - the same matter had already been litigated upon and determined by the Singapore High Court - whether Singapore is the forum non conveniens - whether the matter is res judicata.

    4. Inspector General of Police v Abdul Ghani Haroon [FCM]

      • File size: 35kb

      • Matter: criminal procedure - habeas corpus - whether an applicant has a legal right to be present in his habeas corpus application.

    5. Minister for Human Resources v C.Y. Thong [FCM]

      • File size: 26kb

      • Matter: "Whether the employer can suspend an employee without loss of pay, benefits and perks pending the conclusion of the investigations and inquiries into his conduct notwithstanding that this is not stated in the terms of employment."

    6. Karpal Singh v DP Vijandran [CAM]

      • File size: 119kb

      • Matter: "The first question ... is whether the actual words uttered by the appellant as contained in his press statement must be pleaded, and failure to do so, renders the pleading defective."

    7. Dr. Alfred v Koperaso Serbaguna Sanya Bhd [FCM]

      • File size: 19kb

      • Matter: "... it relates to the proper principle to be applied in assessing quantum of back wages awarded by the Industrial Court, the second respondent"

    8. Eckhardt Marine GMBH v Sherrif of Seremban High Court [CAM]

      • File size: 21kb

      • Matter: "... in determining whether there is an agreement concluded between the parties is to see whether there is a definite offer made by one party which has been accepted by the other."

    9. P.S. Hum v H.H. Lim [CAM]

      • File size: 20kb

      • Matter: "... what proviso (iii) to s 7(3) of the Act prohibits is an award for the loss of consortium or services where that is the sole head of claim ... [T]he third proviso does not prohibit an award for the loss of the services provided by a wife when such a claim is coupled with another head of claim ..."

    10. Puspam v Min of Human Resources [CAM]

      • File size: 31kb

      • Matter: "The respondent's management found that the misconducts committed by the appellant were serious. As a result of that a letter ... was issued whereby the appellant's employment was terminated with immediate effect."

    11. Geoffery Robertson, Re [CAM]

      • File size: 89kb

      • Matter: "The appellant, a [QC] practising in England, has been instructed by an advocate and solicitor in Malaysia to represent one Rapheal Pura as his lead counsel, in four defamation suits instituted against him alleging him of libel and slander over a certain article published in London."

    12. Mohamed Ezam v IGP [FCM]

      • File size: 19kb

      • Matter: "... one of the counsel for the appellants, urged the Judge to consider whether he should recuse himself from hearing this case ..."

    13. Mokhtar Amin v Mohamed Moktar Omar [CAM]

      • File size: 27kb

      • Matter: "In my judgment, the non-compliance of procedural requirements should not be treated as invalidating any action or other proceeding or step taken therein unless it occasions a substantial miscarriage of justice."

    14. Raphael Pura v Insas Bhd [CAM]

      • File size: 25kb

      • Matter: "the learned High Court judge dismissed the appellant's oral application to disqualify himself from hearing and determining the suit ... The appellant now appeals"

    15. Moscow Narodny Bank Ltd v C.W. Ngan [CAM]

      • File size: 12kb

      • Matter: "The sole ground on which the respondent resisted the [bankruptcy] petition was that there had been a complete accord and satisfaction of the debt on which the bankruptcy proceedings were based."

[.... END OF 2001 ....]

 

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