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FEATURED CASES
 

Part 1

  • Case No.

    1. Pereira v Hotel Jayapuri Bhd [PC]

      • File size: 35kb

      • Matter: labour - wages - Hotel collects from customers a service charge and then pays them over to its employees - the service charge collection is to replace tipping - whether employees' share of the collected service charge forms a part of his monthly wages.

    2. Mohamed Hashim Shamsuddin v AG of Hong Kong [SCM]

      • File size: 94kb

      • Matter: practice & proceedings - criminal - evidence - the Attorney General of Hong Kong applied to record the evidence of witnesses in Malaysia for the purposes of criminal proceedings in Hong Kong - whether the Chief Justice of Malaya is empowered by Order 66 of the Rules of High Court to order examination of witnesses and production of documents in Malaysia in relation to a matter pending before a court or tribunal in a place outside the jurisdiction.

    3. Saraswathy v Palakrisnan [SCM]

      • File size: 24kb

      • Matter: children - custody - parents seperated but not divorced - mother applied for custody of infant child under s.88 of Law Reform (Marriage and Divorce) Act 1976 - whether the application ought to have been made under s 5 of the Guardianship of Infants Act 1961 since the parties are not divorced.

    4. Chan v The Bar Council [HCM]

      • File size: 17kb

      • Matter: lawyers - Bar Council - Chan who was disbarred seeks re-admission - principles and considerations governing re-admission.

    5. Malaysia National Insurance Sdn Bhd v Malaysia Rubber Development Corporation [SCM]

      • File size: 29kb

      • Matter: insurance - coverage for goods in transit - goods stored in godown whilst awaiting shipment and was damaged by fire - exception clause - contra proferentum rule - whether goods were in transit.

    6. Fernandez v National Union of Bank Employees [FCM]

      • File size: 53kb

      • Matter: trade unions - amendment of constitution - the Union amended its constitution with the result that only clerical and non-clerical staffs of banks are eligible for membership - appellant was a bank officer and he lost his membership after the amendment - he alleged breached of natural justice - whether amendment is valid.

    7. Goh v Khoo [HCM]

      • File size: 19kb

      • Matter: divorce - children - custody - parties divorced with agreement letting husband have custody of children - 3 years after divorce nisi wife applied for custody of children - reason (1) in that period husband's previous maid had left and replaced by a new one; (2) husband has a mistress with a son - whether there is a material change of circumstances warranting change of custody.

    8. Lim Foo Yong Sdn Bhd v Comptroller General of Inland Revenue [PC]

      • File size: 61kb

      • Matter: revenue - appellant sold for a profit (1) land forming part of Hotel site; (2) its rights under a lease; (3) shares in a subsidiary company; & (2) shares in a listed company - whether the profits represent trading receipts or capital realisation.

    9. Australian Shipbuilding Industries (WA) Pty Ltd v Assets Able Pte Ltd [HC,S'pore]

      • File size: 28kb

      • Matter: copyright -

    10. LYL Hooker Sdn Bhd v Tevanaigam [SCM]

      • File size: 14kb

      • Matter: housing development - late delivery of vacant possession - purchaser of property sold and assigned the same to second purchaser - whether period for delivery of vacant possession commences on date of agreement between developer and first purchaser or on date of developer's consent to the assignment by first purchaser to second purchaser.

    11. Liaw v PP [SCM]

      • File size: 27kb

      • Matter: crime - sentencing - revision - whether punishment by caning may be enhanced after it has already been executed.

    12. Kehar Singh v Standard Chartered Bank [SCM]

      • File size: 21kb

      • Matter: banking - handling of money at cashier's counter

    13. Tengku Jaafar v Pahang [SCM]

      • File size: 54kb

      • Matter: gift - gift of land - whether donee had taken possession of land - whether instrument creating gift described land with sufficient clarity.

    14. New Kok Ann Realty Sdn Bhd v D&C Bank Ltd [SCM]

      • File size: 91kb

      • Matter:

    15. Benoi VI, the [CA,S'pore]

      • File size: 50kb

      • Matter: admiralty - cargo allegedly lost by reason of heavy weather - insurer paid up & commenced subrogated action - whether loss of cargo was due to perils of the sea in the course of voyage.

Part 2

Part 3

Part 4

  • Case No.:

    1. Sanita Manufacturing (M) Sdn Bhd v Chanchai [SCM]

      • File size: 58kb

      • Matter: trade marks - respondent is managing director of sanitary napkin manufacturer - manufacturer appointed second appellant as sole agent - pursuant to that agreement second appellant applied to register "Sanita" trademark in the name of respondent - without consent of respondent second appellant applied to vary the registered proprietor to first appellant - whether the alteration is valid.

    2. Savrimuthu v PP [SCM]

      • File size: 40

      • Matter: practice & procedure - crime - transfer of cases - accused was charged in Sessions Court & hearing date was fixed - prosecutor later applied to transfer the matter to High Court - whether accused had acquired a vested right to be tried in Sessions Court - whether for the purpose of Article 7(1) of the Federal Constitution an accused derives a vested right when (1) he is charged, or (2) after his trial has commenced

    3. Mustafa Osman v Patima Ahmad [HCM]

      • File size: 56kb

      • Matter: land - plaintiff negotiated for purchase of land - defendant signed agreement and paid vendor RM3000 immediately and balance of RM1750 by instalment - plaintiff went into occupation of part of land (together with 2 other brothers) and planted fruit trees thereat - whether defendant had purchased land with intention to share with plaintiff - whether plaintiff had acquired rights by adverse possession.

    4. Algemane Bank Nederland NV v Tan [HC,S'pore]

      • File size: 42kb

      • Matter: land - title - defendant exercised option to buy land from plaintiff - the purchase was to be partly financed by defendant's fund held in Central Provident Fund - the CPF Board did not give clearance because of an alleged defect in title - defendant therefore objected the sale - whether plaintiff has a good root of title to transfer.

    5. W v H [HCM]

      • File size: 71kb

      • Matter: children - custody - parents seperated and signed seperation deed wherein custody of soon-to-borned baby was given to husband - husband took baby home from hospital one day after it was borned - wife then applied to regain custody rights - whether rights of a child can be compromised by a document drawn up by adults without prior approval of court - whether wife was fit to have custody of the child.

    6. Gold Coin Ltd v Tay [CA,S'pore]

      • File size: 35kb

      • Matter: labour - quantum meruit - appellant employed respondent & promised (in a letter), inter alia, that certain "commission will be given from the profit" - he did not in fact claim any commission - over the years (like other employees)  his salary was increased and he received bonus in recognition of his effort - he then resigned from his position and claimed for commission - whether it may be implied that commission is payable quantum meruit.

    7. Lim v Lim [HCM]

      • File size: 21kb

      • Matter: nuisance - injunction - plaintiffs are defendants' parents - they had a dispute over company affairs and plaintiffs alleged that defendants were abusive & threatened to cause bodily harm - whether the allegation of nuisance is reasonably clear to warrant an issue of injunction.

    8. Hang Lung Bank Ltd v Tan [HC,S'pore]

      • File size: 35kb

      • Matter: conflict of laws -

    9. Wong v Wong [HCM]

      • File size: 72kb

      • Matter: fraud - plaintiff & first defendant are brothers - they own (each in half undivided shares) a piece of land - plaintiff appointed first defendant as its attorney with power to sell his land - first defendant sold plaintiff's share to his business partner for $3,000 who later transfer it for $3500 to second defendant (wife of first defendant) - 11 years later defendants sold land for $962,000 - whether first defendant had conspired with second defendant to defraud plaintiff.

    10. Lee Wah Bank Ltd v Chi Liung Holdings Sdn Bhd [HCM]

      • File size: 20kb

      • Matter: property - floor plans - plaintiff bought business lot in a building from defendant - plaintiff wanted to replace 2 external glass penals (facing main road) with a brick wall in order to fit an auto teller machine - defendant disallowed the works saying it is deviation from approved floor plans - the parties were previously in litigation over a similar issue but the wall concerned was facing an internal corridor - whether works amount to altering and improving the premises as allowed by the agreement - whether plaintiff's application is res judicata. 

    11. Lim v The Chief of Police, Butterworth [HCM]

      • File size: 32kb

      • Matter: practice & procedure - joinder of parties - Lim's application for police permit to hold political rally was rejected - but a permit was granted to Penang State Secretary for Prime Minister to hold a similar rally - Lim commenced suit against inter alia Prime Minister, Penang State Government & Penang State Secretary alleging unfair discrimination & breach of Art.8(1), Constitution - whether suit disclosed reasonable cause of action against the foregoing 3 parties.

    12. Hopewell Construction Co Ltd v Eastern & Oriental Hotel (1951) Sdn Bhd [HCM]

      • File size: 27kb

      • Matter: contract - validity - plaintiff is a company incorporated in HK but not registered as a foreign company in Malaysia under Companies Act 1965: s.332 - defendant engaged plaintiff by contract to erect a building - disputes arose & defendant raised invalidity on the ground that otherwise the registration requirement for foreign companies in s.332 would be defeated: s.24(b) Contracts Act 1950 - whether contract is invalid.

    13. Longman Malaysia Sdn Bhd v Pustaka Delta Pelajaran Sdn Bhd [HCM]

      • File size: 56kb

      • Matter:

    14. The Collector of Land Revenue v Kam [PC]

      • File size: 31kb

      • Matter: compulsory land acquisition 

    15. Malayan Credit Ltd v Jack Chia-MPH Ltd [PC]

      • File size: 33kb

      • Matter:

Part 5

Part 6

[.... END OF 1986 ....]

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