Matter:
civil procedure - pleadings - statement of claim - company and Koh
had a dispute which company alleged was compromised by a deed of
settlement - company sued director for breach of the deed - trial
judge ruled that company had no evidence to support the alleged
settlement but went on to consider a claim for money had and
received - whether the court can substitute plaintiff's claim
Matter:
arbitration - arbitrators - jurisdiction to hear dispute - parties
had a building contract in PAM standard form - contract had
provision for reference of disputes to artbitration - parties had
a dispute in which allegation of fraud, collusion, misconduct
& assignment were raised - whether appropriate for arbitrator
to hear such allegations - whether appropriate to split the
resolution of the dispute between the court and the arbitrator
according to what the arbitrator can & cannot hear.
Matter:
bankruptcy - bankruptcy notice - pursuant to an order of court
ordering appellants to pay respondent costs, taxation ensued and
an allocatur was issued - appellants failed to pay - respondent
issued bankruptcy notice on the allocatur sum - whether bankruptcy
notice founded on an allocatur is valid.
Matter: "the
learned Judge had erred in coming to the conclusion that resjudicata applies in the present case. The only point that
the learned Judge came to that conclusion is that the solicitors
for both parties signed the notice of discontinuance."
Matter:
"whether an appeal against the decision in favour of a
company under liquidation or an application for security of costs
against such a company, falls within the meaning of the phrase
"action or proceeding .... proceeded with or commenced
against the company" so that neither form or approach could
be undertaken without leave"
Matter:
"the learned trial Judge ..., while maintaining that this
was a case of an absolute assignment, was of the considered
opinion that an assignee must obtain an order for sale from
the court for the purpose of recovering monies due to it from
a borrower"
Matter:
"... the learned Senior Assistant Registrar was correct
in holding that the bankruptcy notice was valid, and both the
High Court and the Court of Appeal were wrong ..."
Matter:
"If the applicant has asked for remedies which he is
patently not entitled to, but adduces facts and establishes
grounds entitling him to relief, it is of course open to the
Judge hearing the substantive motion to invite arguments on
the grant of relief appropriate to the applicant's factual
situation"
Matter:
"the plaintiff was to be a probationer for three months.
After the expiry of that period, he could either be confirmed
or shown the door. Neither happened here."
Matter:
"The order of the Court of Appeal for a proper order to
be made by the High Court for the completion of the contract
between them must be for the reason that there was a
subsisting binding contract between them ..."
Matter:
"whether the function to be served by
an entry of appearance in ... the Rules of the High Court 1980
is the same as the function to be served by the words 'steps
in the proceedings' in s 6 of the Arbitration Act 1952"
Matter:
"[Respondent] contends that pursuant to Article 128
[Federal Constitution] and s 96 [Courts of Judicature Act
1964], the Federal Court has no jurisdiction to set aside its
own judgment"
Matter: "appeals
arose from the decision of the Court of Appeal ... which
allowed an appeal of ... the respondent herein, against the
decision of ... the High Court Kota Kinabalu ... dismissing
his application for ... certiorari to quash the
Director of Immigration Sabah's Notice of Cancellation of
Entry Permit ..."
Matter:
labour - dismissal - employer alleged theft - standard of
proof - whether Industrial court was right to determine
employer's allegation on balance of probabilities.
Matter:
revenue - stamp duties - exemption under s.15A of the Stamp
Act 1949 in respect of transaction between associated
companies - at least 90% equity control is required to qualify
as associated companies - appellants are two associated
companies - the Foreign Investment Committee imposed condition
on property transaction between them - condition involves
divesting 30% of shareholding in the acquiring company to
bumiputras - whether entitled to exemption.
Matter:
practice & procedure - whether service of photostat copy
of creditor's petition on respondent in breach of Rule 110 of
the Bankruptcy Rules 1969 is a mere irregularity.
Matter:
revenue - interest - whether interest earned from deposits
constitute business income (s.4(a) of Income Tax Act 1967) or
interest income (s.4(c)).
Matter:
labour - rest day - whether company can implement "Rota
Work System" given that the system rotates the weekly
rest day for each employee and that such rotation represents a
change from the fixed weekly rest day (i.e. Sunday) which the
company practices since inception.
Matter:
succession - testamentary capacity - whether the trial Judge
had misdirected himself in law in his assessment of the
suspicious circumstances relating to the testamentary capacity
of the testator.