1 9 8 7

FEATURED CASES
 

Part 1

Part 2

  • Case No.:

    1. Lim v United Engineers Malaysia Bhd [HCM]

      • File size: 146kb

      • Matter: public law - locus standi - government of Malaysia awarded highway contract to UEM - Lim, a private citizen in his capacity as member of parliament, highway user and tax payer, applied for injunction against UEM and the government to prevent them signing the highway contract on allegation of impropriety and misconduct in the award - whether Lim has locus standi to bring the action.

    2. Asia Commercial Finance (M) Bhd v Bank Bumiputra Malaysia Bhd [HCM]

      • File size: 21kb

      • Matter: practice & procedure - professional etiquette - judgment alledgedly entered in breach of etiquette rules - whether judgment is irregular.

    3. Toh v Kemajuan Perwira Management Corporation Sdn Bhd [SCM]

      • File size: 25kb

      • Matter: stakeholder - money paid by purchaser to vendor's solicitors as stakeholder - vendor wants solicitors to account for interest earned on the money - meaning of stakeholder.

    4. Permodalan MBf Sdn Bhd v Hamzah Abu Samah [SCM]

      • File size: 28kb

      • Matter: practice & procedure - injunction - stay of ex parte interim injunction pending application to set it aside

    5. City Investment Sdn Bhd v Cuepacs [PC]

      • File size: 35kb

      • Matter: contract - specific performance 

    6. Inspector General of Police v Raja Khalid [SCM]

      • File size: 53kb

      • Matter: habeas corpus

    7. Koh v Minister for Home Affairs [HCM]

      • File size: 46kb

      • Matter: habeas corpus 

    8.  Roshidi Mohamed, re [HCM]

      • File size: 40kb

      • Matter: habeas corpus 

    9. Fabrique Ebel Societe Anonyme v Sykt Perniagaan Tukang Jam City Part [HCM]

      • File size: 40kb

      • Matter: trademarks - infringement - application to enter summary judgment against defendant for injunction, destruction of infringing goods and assessment of damages

    10. Chew Sin Leng Construction Co v Cosy Housing Development Pte Ltd [CA,S'pore]

      • File size: 25kb

      • Matter: building - architect's certificate - whether final certificate is final and conclusive.

    11. Lee v Lee [HCM]

      • File size: 36kb

      • Matter: succession - identity of transferee of land - use of alias as name of transferee - transferee dead - inscriptions on tombstone to trace and establish identity.

    12. Karpal Singh v The Sultan of Selangor [HCM]

      • File size: 36kb

      • Matter: Rulers - immunity - Constitution (s.42) allows Sultan to reject petition for clemency after considering advise of Pardons Board - the Sultan expressed his desire not to pardon anyone sentenced to death for drug offences - whether plaintiff has locus standi to seek court declaration that the statement is unconstitutional.  

    13. Mamat Daud v Malaysia [SCM]

      • File size: 116kb

      • Matter: constitution - whether s.298A of the Penal Code is ultra vires the Federal Constitution.

    14. Petaling Rubber Estate Ltd v Nadarajah [SCM]

      • File size: 26kb

      • Matter: labour - wages - Special Reliefs Allowance (SRA) - allowance was only temporary and not subject to tax or EPF contribution - calculation of overtime wages due to plantation workers - whether SRA ought to be treated as wages. 

    15. Subramaniam v Samy Vellu [HCM]

      • File size: 28kb

      • Matter: political parties - Malaysian Indian Congress (MIC) - defendants declared the Penang branch defunct (because after removing false members, the total members for that branch fell below the requisite number) - MIC's constitution has in-house process to challenge declaration - whether plaintiff must exhaust in-house process first before resorting to court proceeding.

Part 3

  • Case No.:

    1. Chan v Peh [CA,S'pore]

      • File size: 52kb

      • Matter: motor accident - damages

    2. Avro International, the [CA,S'pore]

      • File size: 31kb

      • Matter: admiralty - 

    3. Yeo Brothers Co (Pte) Ltd v Atlas Properties (Pte) Ltd [HC,S,pore]

      • File size: 48kb

      • Matter: contract - sale of property - size of property sold was misdescribed - smaller by 10.7% - purchaser refused to complete agreement without abatement in price - vendor sued for specific performance - whether shortfall is substantial.

    4. Ganda Oil Industries Sdn Bhd v Kuala Lumpur Commodity Exchange [SCM]

      • File size: 38kb

      • Matter: commodity exchange - by reason of a member's failure to pay the requisite deposit for registering a contract for crude palm oil the KLCE had to fix the price for those palm oil and then liquidate them as a measure of compulsory settlement - members of the Exchange challenged the decision to fix the price - whether decision of KLCE subject to judicial review.

    5. Wong v Cathay Organisation (M) Sdn Bhd [SCM]

      • File size: 36kb

      • Matter: labour - dismissal without just cause or excuse: s.20 of Industrial Relations Act 1967 - meaning of dismissal - whether constructive dismissal means the same thing as dismissal within s.20 of the 1967 Act.

    6. Suhaili 5201, the [CA,S'pore]

      • File size: 48kb

      • Matter: admiralty - appellant arrested vessel - respondent (owners of vessel) furnished bank guarantee to secure release of vessel - appellant amended their claim by reducing claim sum - respondent then applied to vary guarantee amount - whether court has jurisdiction to vary guarantee which is a private arrangement between the parties. 

    7. Dreamland Corporation (M) Sdn Bhd v Choong [SCM]

      • File size: 45kb

      • Matter: labour - back wages - employee misconducted himself - company dismissed him without enquiry - Industrial Court upheld dismissal for misconduct but awarded back wages for period between dismissal and last court hearing as no enquiry was held - s.30 of Industrial Relations Act 1967 afforded relief to employees dismissed without just cause or excuse - whether court has jurisdiction to award back wages in view of the fact that it supported the dismissal for misconduct.

    8. PP v Khoo [HC,Brunei]

      • File size: 44kb

      • Matter: crime - conspiracy - criminal conspiracy agreement hatched outside of jurisdiction and subsequently carried out inside jurisdiction - whether offence completed upon agreement - whether court has jurisdiction to hear the charges.

    9. Ismail Mohamad v Yahya [HCM]

      • File size: 96kb

      • Matter: land - indefeasibility of title - purchaser entered private caveat to protect his interests arising from a sale and purchase transaction - vendors subsequently sold land to another buyer - Collector of Land Revenue registered the transfer in favour of the other buyer despite the caveat - whether caveat is binding - whether indefeasibility of title may be defeated. 

    10. Abdullah Ang v PP [SCM]

      • File size: 41kb

      • Matter: crime - sentencing - appellant convicted of criminal breach of trust & sentenced to 8 years imprisonment & $100,000 fine - whether sentence excessive.

    11. The Official Assigneee v Ngu [HCB]

      • File size: 33kb

      • Matter: bankruptcy - vendor sold land to Ngu, respondent - respondent entered caveat on land - vendor then adjudicated bankrupt - vendor's property became vested in Official Assignee - whether caveat valid - whether unregistered instrument of transfer signed in favour of respondent invalid as against Official Assignee.

    12. Asparta Sdn Bhd v Bank Bumiputra Malaysia Bhd [SCM]

      • File size: 115kb

      • Matter:

    13. Tan v Assoland Pte Ltd [HC,S'pore]

      • File size: 40kb

      • Matter: landlord & tenant - whether tenancy or licensee agreement was created.

    14. Village Holdings Sdn Bhd v Canada [HCM]

      • File size: 79kb

      • Matter: international relations - diplomatic immunity

    15. Lee v Teo [CA,S'pore]

      • File size: 22kb

      • Matter: landlord & tenant - proprietory estoppel

Part 4

Part 5

Part 6

[.... END OF 1987 ....]

all rights reserved

taiking.thing pte ltd