Part 1

• Case No.

  1. Consolidated Plantations Bhd v Ehambaram [SCM]

     • File size: 42kb

     • Matter: ".... the learned trial judge however, held that ‘wages’ under the Employees Provident Fund Act 1951 was not confined to remuneration due to the employee .... but also included ‘any other allowance payable in respect of high cost of living’ ...."

  2. Syawal Enterprise Sdn Bhd v Dayadiri Sdn Bhd [HCM]

     • File size: 15kb

     • Matter: ".... the defendants had successfully questioned the authority to sue and have asked for the costs to be paid by the plaintiffs and/or the plaintiffs’ solicitors."

  3. Peko Wallsend Operations Ltd v Linatex Process Rubber Bhd [HCM]

     • File size: 46kb

     • Matter: "It is the plaintiffs’ case that .... any attempt by the defendant to indirectly copy, reproduce or manufacture any pump part or mound by a process known as ‘reverse engineering’ is an infringement of the plaintiffs’ copyright in the engineering drawings ...."

  4. Supreme Finance (M) Bhd v Mohamad Noor [HCM]

     • File size: 21kb

     • Matter: "whether the bankrupt required the sanction of the official assignee under s 38(1) [of the Bankruptcy Act 1967] in order to proceed with the application to set aside the judgment in default of appearance."

  5. Lakshminarayanan v Marimuthu [HCM]

     • File size: 26kb

     • Matter: "the plaintiff applied for the warrant of committal issued against the defendant to be executed on the ground that [the defendant] had failed to pay the fine within the time specified .... in the [committal] order."

  6. Mayor of Kuala Lumpur City Hall v K.P. Ong [SCM]

     • File size: 26kb

     • Matter: "He opened the lift door and stepped in and fell straight down the shaft, there was no lift inside the door."

  7. PP v C.P. Lin [HCM]

     • File size: 48kb

     • Matter: "extradition .... whether there was actually a conspiracy, aiding or abetting on the part of the respondent. To me this is important before one could proceed to the next question whether the offences in question is extraterritorial or otherwise."

  8. N.N. Yap v Bath Pharmacy Sdn Bhd [HCB]

     • File size: 41kb

     • Matter: ".... whether the plaintiff is entitled to prematurely terminate the sublease before its term has fully expired .... whether the notice to quit .... served .... on the defendant is reasonable and good in law"

  9. American Home Assurance Co v Nalin Industries Sdn Bhd [SCM]

     • File size: 27kb

     • Matter: "The respondent’s claim is that the rupture or failure of the coil in the boiler .... was an accident within the terms of the insurance policy and consequently, the losses suffered as a result of the shut down of the plant are recoverable losses under the insurance policy."

  10. Medicon Plastic Industries Sdn Bhd v Syarikat Cosa Sdn Bhd [SCM]

      • File size: 25kb

      • Matter: "Section 183 [of the Contracts Act 1950] states the well-known ordinary rule of no personal liability for an agent, but this rule is subject to quite a few exceptions one of which is s 183(a)."

  11. HSBC v Syarikat United Leong Enterprise Sdn Bhd [HCB]

      • File size: 78kb

      • Matter: ".... the guarantee was .... for a past consideration and unenforceable .... undue influence ...."

  12. David K.S. Chong v T.O. Chau [HCM]

      • File size: 23kb

      • Matter: "Whether the plaintiff had the right to be heard orally and not in writing as the defendants had demanded .... whether the plaintiff was given all opportunity of being heard in accordance with the constitution."

  13. Malaysian Bar Council v Joseph Au [SCM]

      • File size: 60kb

      • Matter: "[the Judge] decided that the provisions as to time were mandatory, and that consequently, on the facts before him the appointment of the disciplinary committee was invalid, null and void, ...."

  14. BBMB v Mae Perkayuan Sdn Bhd [SCM]

      • File size: 81kb

      • Matter: "For the bank, counsel submitted that the overdraft facilities were withdrawn because the bank had the right to do so since a clause in exh P2 stated that all facilities granted by the bank ‘are subject to periodical review and repayable on demand’."

  15. Raja Zainal Abidin v British-American Life & General Insurance Bhd [SCM]

      • File size: 35kb

      • Matter: ".... the terms of a contract may be contained in more than one document, thus for example, one of two documents may expressly or by necessary implication refer to another document as being subject to the said other document, thereby causing the terms of the other document to be incorporated by reference into the first-mentioned document."

Part 2

• Case No.:

  1. T.P. Khoo v Plenitude Holdings Sdn Bhd [SCM]

     • File size: 21kb

     • Matter: ".... whether the [appellants] in order to induce the respondent to enter into the sale and purchase agreement, had represented orally to the respondent that [they] undertake to obtain a loan .... for the respondent, to enable it to complete the .... agreement"

  2. Penang Development Corporation v Teoh [SCM]

     • File size: 94kb

     • Matter: ".... it was the corporation’s case that Mr. Mokhtar Haniff acted without authority in whatever sense the word ‘authority’ was used, thus rendering his action ultra vires when he inserted cll 11 and 25 in the agreement ...."

  3. J & Wong Logging Contractor v Arab Malaysian Eagle Assurance Bhd [HCB]

     • File size: 28kb

     • Matter: "We do not think that a right can be dissociated from its remedy. We are therefore of the opinion that condition 19 of the fire policy contravenes s 29 of the Contracts Act 1950."

  4. Sykt Pembinaan Lida Sdn Bhd v Talasco Insurance Sdn Bhd [SCM]

     • File size: 16kb

     • Matter: "The position of the case in the present appeal is that there was in fact no property to insure at the date of the issue of the cover note purporting to renew the old fire insurance policy."

  5. Yap Peng v PP [HCM]

     • File size: 66kb

     • Matter: ".... the moneys from the Co-op were proper loans and as such the charge of criminal breach of trust could not stand; ...."

  6. BBMB v Kimlin Housing Development Sdn Bhd [HCM]

     • File size: 22kb

     • Matter: ".... whether the receivers and managers have the right and power to sell the lands without resorting to the procedures for sale of lands charged as prescribed by the National Land Code 1965."

  7. Tropiland Sdn Bhd v PP [HCM]

     • File size: 29kb

     • Matter: ".... the learned trial magistrate ought to have held that the charge against the petitioner under s 70 of the Street, Drainage and Building Act 1974 was bad in law and should have dismissed and acquitted the petitioner ...."

  8. Attorney General of Hong Kong v Lorrain Esme Osman [HCM]

     • File size: 23kb

     • Matter: "[Respondent's counsel] objects to this witness being called on the ground that the matters he would give in evidence relate to client-solicitor relationship and will breach the confidence his client has reposed in his solicitor and rob the witness of the protection he has under s 126 of the Evidence Act 1950."

  9. Tajjul Ariffin v Heng [SCM]

     • File size: 49kb

     • Matter: "what is the ambit of the court’s power under O 8 r 6(2)(b) of the Subordinate Courts Rules 1980 .... upon the application of the defendant in a running down case to compel the plaintiff to add a second defendant against whom the plaintiff does not wish to proceed?"

  10. Sabah Gas Industries Sdn Bhd v Trans Samudera Lines (S) Sdn Bhd [HCB]

      • File size: 44kb

      • Matter: "plaintiffs .... applied for an order that the defendants be restrained from further participating in the arbitration proceedings then being conducted in London and a further order that the ‘forum conveniens most suitable in the circumstances of this case be the Regional Centre for Arbitration (UN) Kuala Lumpur’."

  11. Lin Lin Shipping Sdn Bhd v Govindasamy [HCB]

      • File size: 49kb

      • Matter: ".... action commenced by the respondent against the appellant in relation to a loss of 53 bags of dates .... imported by the respondent from Singapore. The appellant was the carrier ...."

  12. MBf Holdings Bhd v Houng [HCM]

      • File size: 52kb

      • Matter: "It is the defendants’ case that Parliament has not passed any law in the nature of a Contempt of Courts Act (such as those as are in legislative existence in India and the United Kingdom) so that there is no law conferring jurisdiction upon the High Court to punish for contempt."

  13. Thamesa Designs Sdn Bhd v Kuching Hotels Sdn Bhd [SCM]

      • File size: 47kb

      • Matter: "an appeal from the decision of Haidar J .... refusing to make absolute the appellants’ garnishee orders nisi ...."

  14. Bandar Builders Sdn Bhd v United Malayan Banking Corp Bhd [SCM]

      • File size: 26kb

      • Matter: ".... an appeal from the registrar’s decision, refusing to strike out the counterclaim and the reply and defence to counterclaim ...."

  15. MBf Finance Bhd v Ting [HCB]

      • File size: 65kb

      • Matter: ".... notwithstanding the change of name of the plaintiff company, the plaintiff still used the old form for purposes of its agreement ...."

Part 3

• Case No.:

  1. Bensa Sdn Bhd v Malayan Banking Bhd [HCM]

     • File size: 32kb

     • Matter: "an application by .... the liquidator of .... Bensa Sdn Bhd for an order that .... the Malayan Banking Bhd do refund to the company .... money placed in a fixed deposit account with the bank .... together with the appropriate interest."

  2. Penang Development Corporation v Khaw [HCM]

     • File size: 18kb

     • Matter: "the action is for damages for late delivery of vacant possession of a unit of flat .... It is common ground that the said agreement was silent regarding the date of delivery of vacant possession ...."

  3. SI Rajah v Mak [HCM]

     • File size: 50kb

     • Matter: "[defendants' contention] as this action is not a representative action .... but the plaintiffs' personal action, they must show that their legal rights to any property have been or will be infringed, or that they have suffered loss of any office or deprivation of any status or interest pursuant to s 41 of the Specific Relief Act 1950."

  4. Industrial & Agricultural Distribution Sdn Bhd v Golden Sands Construction Sdn Bhd [HCM]

     • File size: 57kb

     • Matter: "plaintiff’s action against the defendant is for damages for breach of contract arising from the sale of two new units of excavators .... The plaintiff’s claim is for the loss of the depreciated value of the two excavators ...."

  5. Rosita v Sabedin [SCM]

     • File size: 27kb

     • Matter: "The action is one of negligence and arose out of an accident .... in which the plaintiff, then aged ten years, suffered rather severe injuries."

  6. Wee v MBf Holdings Bhd [SCM]

     • File size: 23kb

     • Matter: "It is established law that a person against whom an order of court has been issued is duty bound to obey that order until it is set aside .... Any person who fails to obey an order of court runs the risk of being held in contempt with all its attendant consequences."

  7. Lim v Malayan Banking Bhd [SCM]

     • File size: 30kb

     • Matter: "After hearing the creditor’s petition and the submissions of counsel .... the learned judicial commissioner was satisfied that the appellant had not shown sufficient cause why the receiving and adjudication orders should not be made."

  8. Pewira Habib Bank Malaysia Bhd v Pakinathan [SCM]

     • File size: 36kb

     • Matter: ".... striking out of the bankruptcy petition ...., two of the arguments .... deserved serious consideration .... that the learned judge had erred in law when he held that Mr. Samuel’s counterclaim exceeded or equalled the judgment sum .... that the learned judge was wrong in holding that s 5(2) of the Act was applicable ...."

  9. First Malaysia Finance Bhd v Mohd Fathi [SCM]

     • File size: 43kb

     • Matter: "in the face of the plaintiff saying .... that the first to the fourth defendants have done wrong and that the fifth defendant has information that will enable the plaintiff to bring home the wrong .... and that in any event the fifth defendant has securities that should be given to the plaintiff, I do not think that I should accede to the invitation by the fifth defendant to summarily have the claim as against the fifth defendant struck off ...."

  10. Charles Ooi v Kukuh Maju Industries Sdn Bhd [SCM]

      • File size: 43kb

      • Matter: "The defence raised by the defendants was, without doubt, the well-known defence, known as an agreement to stifle prosecution and no court will enforce such an agreement ...."

  11. PP v Lee [HCM]

      • File size: 50kb

      • Matter: "It is patently unfair to the accused persons and unjust to allow subsequent or non-first information reports detailing and setting out materials derived from an investigation, initiated and set into motion by a first information report, to be used for corroborative purposes."

  12. Jeeram v National Union of Plantation Workers [HCM]

      • File size: 39kb

      • Matter: ".... the respondent union has contended that the application before the court is premature as the award made by the arbitrators is not final and the applicant should exhaust his domestic remedies ...."

  13. Law Tanggie v Untong [HCB]

      • File size: 76kb

      • Matter: "allegation that the first defendant was the trustee of the plaintiff in respect of the said land for which the plaintiff paid the purchase price and that the second defendant acquired no title as the said land was transferred to her by the first defendant as a gift ...."

  14. Hasibullah v PP [SCM]

      • File size: 47kb

      • Matter: "whether if an accused person repudiates a confession, and the court finds that he did make the replies, it is still necessary for the court to be satisfied that the replies were voluntarily made. In our view, it is still necessary, ...."

  15. Vijandran v Karpal Singh [HCM]

      • File size: 33kb

      • Matter: "[defendant] is asking for costs in respect of the various interlocutory applications made prior to the plaintiffs withdrawal of the suit unilaterally by filing a notice of discontinuance ...."

Part 4

• Case No.:

  1. Wong v Bhagwan Singh [SCM]

     • File size: 37kb

     • Matter: "Generally speaking, however, the duty of a solicitor to do justice, if he is a material witness to a case, is of greater paramount than his duty to represent a client. In our opinion, that duty is the rationale behind r 28(a) of the Legal Profession (Practice and Etiquette) Rules 1978"

  2. Joseph Pillay v The Malaysian Bar [HCM]

     • File size: 24kb

     • Matter: "plaintiff applied to the defendant for the issue of the annual certificate in question .... enclosing his ‘own’ office accounts in Johor Bahru. There were some queries by the defendant regarding the Kuala Lumpur office of the ‘firm’. In response, the plaintiff submitted a statutory declaration .... He also had occasion to forward a re-designated accountant’s certificate modifying its title but not the contents at all, ...."

  3. Sabah Bank Bhd v Ho [HCB]

     • File size: 32kb

     • Matter: "The defendants maintain that there was no consideration for the guarantee .... that the overdraft facilities were utilized by a company other than the company referred to in the guarantee .... that the company for which they guaranteed repayment, was wound up within six months of the creation of a debenture ...."

  4. Lee v Deputy Minister for Home Affairs [HCM]

     • File size: 59kb

     • Matter: "It was also submitted that actions of the first respondent were clearly wrong in law; had occasioned an abuse of power and fraud on the power conferred upon him, in that the action of the first respondent in filing an appeal to the Supreme Court and at the same time effecting re-arrest of the applicant, had occasioned a contempt of court. As such, .... the continued detention of the applicant was against the law due to the contempt committed, and writ of habeas corpus should thereby issue."

  5. Ling v Moh [HCB]

     • File size: 24kb

     • Matter: ".... whether the respondent had taken any ‘fresh step’ in the proceedings which had the effect of waiving the irregularity in question .... [respondent] contended that the petitioner’s prayer for custody of the children in the application ought not to be entertained by the court at this stage, prior to the hearing of the petition for judicial separation .... that the definition of ‘ancillary relief’ in r 2 of the Rules does not include custody ...."

  6. Moomin Seman v PP [HCM]

     • File size: 51kb

     • Matter: "The main ground of appeal is that the court erred in refusing the appellant sight of the statement used by Tan to refresh his memory, the refusal amounting to a denial of the appellant’s right under s 161. The appeal brings into question the law relating to the refreshing of memory and in particular the reason for and the application of that law."

  7. Tengku Jaafar v Karpal Singh [HCM]

     • File size: 39kb

     • Matter: "On the plaintiff’s allegations of libel and slander ...., it is clear to me that in the context of the words uttered by the defendant, there is nothing to show that such utterance was intended to or meant for the plaintiff if at all the words uttered were tantamount to defamatory remarks."

  8. K.C. Lau v PP [HCB]

     • File size: 28kb

     • Matter: "[whether] learned magistrate was wrong in holding that the goods, the subject matter of the charge, were uncustomed goods .... whether the appellant had discharged the onus that he had no knowledge that the goods were uncustomed ...."

  9. Union Alloy (M) Sdn Bhd v Sykt Pembenaan Yeoh Tiong Lay Sdn Bhd [HCM]

     • File size: 60kb

     • Matter: ".... the defendant alleged that the plaintiff was in breach of the conditions on description, fitness for the purpose and merchantability implied under ss 15 and 16(1) of the Sale of Goods Act 1957."

  10. UMBC Bhd v Aluminex (M) Sdn Bhd [SCM]

      • File size: 78kb

      • Matter: ".... this appeal concerns the resolution of a priority dispute between two banks."

  11. Arab Malaysian Finance Bhd v Meridien International Credit Corp Ltd [SCM]

      • File size: 86kb

      • Matter: "In view of the welter of authorities on what constitutes business and what is the correct interpretation of the expression ‘carrying on business’, it would be necessary to consider the objects for which the appellant company was incorporated. In order to determine whether the issuance of its guarantee was a business or not and was carried on as such, it is incumbent upon us to examine the memorandum of association of the appellant company ...."

  12. Nordin Salleh v Kelantan [SCM]

      • File size: 38kb

      • Matter: ".... Nordin Salleh, sought leave to file proceedings for declarations that s 73 of the Kelantan Council of Religion and Malay Custom Enactment 1966 is invalid ...."

  13. Junaidi v PP [SCM]

      • File size: 50kb

      • Matter: ".... appellant was convicted for possession of a firearm under s 57(1)(a) of the Internal Security Act 1960 (‘the Act’) and sentenced to death ...."

  14. PP v Mohd Jamil Yahya [HCM]

      • File size: 43kb

      • Matter: "There were eight exceptions to the hearsay rule provided under s 32 of the Evidence Act 1950 .... and these exceptions to the hearsay rule apply only in relation to a criminal proceeding."

  15. S.H. Tan v Development & Commercial Bank Bhd [HCM]

      • File size: 22kb

      • Matter: ".... first defendant’s argument centred on the indefeasibility .... under s 340 of the NLC. As there are no reasons that the first defendant’s interest is defeasible by reason of any of the circumstances specified in sub-s (2) of s 340 of the NLC, the caveats should be removed."

Part 5

• Case No.:

  1. Hasil Bumi Perumahan Sdn Bhd v UMBC [SCM]

     • File size: 80kb

     • Matter: "whether the judgment in default entered by the appellants against the respondent was irregular and thereby may be set aside under O 19 r 9 of the Rules of the High Court 1980, and .... whether, assuming that the judgment is regular, it nevertheless may be set aside on the ground that the respondent has a good defence on the merits."

  2. HA Securities Sdn Bhd v K.Y. Ng [HCM]

     • File size: 57kb

     • Matter: "In their statement of claim .... the plaintiff had pleaded that they were a private limited company ...., the defendant was an advocate and solicitor .... and, that at all material times, the defendant was acting as an agent for unidentified principals and as a stakeholder in the transactions entered into between the parties."

  3. Hock Choo Hoe Sdn Bhd v PP [HCB]

     • File size: 18kb

     • Matter: ".... the statutory defence [for false trade description] requires two conditions to be fulfilled, namely (i) that the offender did not know the falsity of the trade description; and (ii) that he could not with reasonable diligence have ascertained that the goods ...."

  4. Coramas Sdn Bhd v Rakyat First Merchant Bankers Bhd [SCM]

     • File size: 53kb

     • Matter: "A consortium of lenders .... extended a term loan/stand-by credit .... to Safuan Holdings Sdn Bhd upon the security, inter alia, of a pledge of 7.8m shares in a public listed company, registered in the name of the second defendant. Safuan having made default ...., the consortium .... had decided to enforce the security by sale of the shares."

  5. Citibank NA v Jong [SCM]

     • File size: 41kb

     • Matter: ".... his Lordship dismissed the application on the grounds that the plaintiff had not established that the defendants defaulted in payment of the principal sum, interest and other moneys secured by the said charge, and that the notice to the defendants was not a good notice in law ...."

  6. Malaysia v Kadir Mohd Mastan [HCB]

     • File size: 48kb

     • Matter: ".... whether a successful appeal to the special commissioners would be rendered nugatory by a refusal to stay execution, is a relevant consideration. Another relevant consideration is the delay and the cause of the delay in the hearing of the appeal of the taxpayer to the special commissioners .... Merits in the appeal is also a relevant consideration ...."

  7. B.H. Teng v PP [SCM]

     • File size: 55kb

     • Matter: "The appellant claimed that he then walked along the route indicated by Insp Jasbir Singh ...., he noticed a man running towards him .... This man, said the appellant, had bent down slightly and then threw a packet under a car that was parked nearby .... Just then, Insp Jasbir Singh appeared .... and arrested the appellant. The appellant then alleged that Insp Jasbir Singh picked up the packet from underneath the parked car, not the appellant’s car, .... — opened the packet and showed its contents to the appellant."

  8. L.C.T. v H.L.S. [HCM]

     • File size: 27kb

     • Matter: "The plaintiff further averred that she had not been allowed to have access to the infant at all since her eviction from the defendant’s home and all attempts to obtain access to him had been resisted by the defendant and his parents ...."

  9. Krishnadas v Maniyam [HCM]

     • File size: 40kb

     • Matter: "I found that all sale and purchase agreements made by the vendor’s co-plaintiffs and the vendor were all made after the date of the sale and purchase agreement made by the eight chettiars with the vendor, and therefore, the purchase by the eight chettiars .... was not subject to any such equitable interests as could be created by the vendor"

  10. S.H. Lim v Sykt Pemaju Tanah Tikam Batu Sdn Bhd [HCM]

      • File size: 20kb

      • Matter: "In my view, the misleading averments, in both the statement and the affidavit supporting the application for the injunction, would be sufficient to justify the discharge of the injunction."

  11. PP v Alcontara [SCM]

      • File size: 66kb

      • Matter: "Mr. Karpal Singh had submitted that .... the prosecution had failed to prove .... that the plant material recovered from the boot of a motor car ...., which the respondent was driving at the material time, was cannabis within the meaning of s 2 of the [Dangerous Drugs Act 1952]."

  12. L.K. Loh v Tong Eng Sdn Bhd [HCM]

      • File size: 26kb

      • Matter: "On the first ground of the application that the petition discloses no reasonable cause of action, the respondent company cannot rely on any affidavit evidence. .... it is incumbent upon the court to look at the petition and consider whether it does indeed disclose no reasonable cause of action. "

  13. Nallammal v Karuppanan [HCM]

      • File size: 48kb

      • Matter: "first defendant went to the plaintiffs’ house and asked for a loan of the title .... The first plaintiff was at first reluctant ...., but after some persuasion by her husband, she agreed to and did hand over the title to the second plaintiff to give to the first defendant, on condition that the title be returned to her within a month or two."

  14. Goodyear Tyre & Rubber Co v Silverstone Tyre & Rubber Co Sdn Bhd [HCM]

      • File size: 35kb

      • Matter: "It is the plaintiffs’ case that .... their team of experts had, ...., designed and invented a revolutionary tyre known as Aquatred. As such, they maintain that they are the copyright owner of the two-dimensional and three-dimensional drawings of Aquatred tyres ...."

  15. Malaysia v Sarawak Properties Sdn Bhd [HCB]

      • File size: 42kb

      • Matter: "For the years of assessment 1986 and 1989, the defendant was assessed on income tax and development tax .... Notices of assessment dated 25 October 1988 and 30 January 1991, respectively for the said two sums were issued. Despite the denial in the defence, .... the said two notices of assessment were duly served."

Part 6

• Case No.:

  1. Rhina Bhar v Malaysia Bar [HCM]

     • File size: 29kb

     • Matter: "[Plaintiff,] a practising advocate and solicitor, .... applies to this court for a declaration that the decision of the Bar Council, ...., that her intended counsel in her Supreme Court Civil Appeal No 02–107–92, scheduled for hearing on 11 October 1993, ought not to appear, is unconstitutional, illegal, inoperative, null and void and of no effect."

  2. Kam Mah Theatre Sdn Bhd v L.S. Tan [SCM]

     • File size: 45kb

     • Matter: ".... appeal arose out of one of those frequent transactions in which parties have negotiated with each other, where one party alleges they have reached a definite binding agreement while the other alleges to the contrary, viz, they were then still negotiating with each other."

  3. H.C. Tan v Minister for Home Affairs [HCM]

     • File size: 55kb

     • Matter: ".... application .... for a writ of habeas corpus ad subjiciendum. The applicant’s detention, albeit bailed, was as a result of two requisitions for extradition for certain offences in Hong Kong."

  4. N.H. Low v S.C. Vu [HCM]

     • File size: 26kb

     • Matter: "when the petition came up for hearing ...., a decree nisi was granted ...., the respondent or her counsel did not make any application for ancillary relief under r 56(2)(a) of the Divorce and Matrimonial Proceedings Rules (‘the Rules’). The decree nisi was made absolute ...."

  5. Hong Leong Leasing Sdn Bhd v K.C. Tan [HCM]

     • File size: 82kb

     • Matter: "Unlike other cases of hire purchase, in this particular instance, the subject matter of the agreement, ...., never existed .... unlike most other cases where estoppel is invoked against a party bringing an action, in the present case, estoppel is raised by the plaintiff to defeat a possible defence of the defendant."

  6. H.C. Khoo v PP [SCM]

     • File size: 121kb

     • Matter: ".... whether the evidence of a chemist on the identity of a drug constitutes evidence of fact or opinion and to consider the attendant issue governing the admissibility of such evidence. If the chemist’s evidence is factual, then it follows that he is competent to give evidence like any other witness ...."

  7. W.A. Chiu v B.C. Ong [SCM]

     • File size: 38kb

     • Matter: ".... the plaintiff knew at the time of the auction sale, that he was purchasing rent-controlled premises, and as such it is contended by the appellants that as monthly tenants of the previous landlords of the controlled premises they enjoy the protection under s 16 of the [Control of Rent Act 1966] notwithstanding the termination ...."

  8. Shamugam v Pappah [HCM]

     • File size: 51kb

     • Matter: "plaintiff, .... claimed a declaration that he is the only legitimate child of [the deceased], who died on 1 May 1983, leaving behind no other next of kin, that as such, he is the sole beneficiary of the estate ...."

  9. K.S. Chua v Malaysia [SCM]

     • File size: 40kb

     • Matter: "The main question that confronts this court squarely is whether a claim in tort for loss of earnings obtained from an illegal source can be entertained by a court as there appears to be a conflict on the point in decisions of the High Court."

  10. M&J Frozen Food Sdn Bhd v Siland Sdn Bhd [SCM]

      • File size: 60kb

      • Matter: ".... a reference to a sale being concluded at the fall of the auctioneer’s hammer could only refer to that stage of the transaction of sale when there is concluded an agreement .... Hence the term ‘conclusion’ in the context of these sections can only mean conclusion of certain aspect of the sale ...."

  11. National Land Finance Co-operative Society Ltd v DGIR [SCM]

      • File size: 40kb

      • Matter: "Special Commissioners .... found that the taxpayer was a society .... [and] therefore exempted from payment of income tax under the said s 13(1)(f)(ii) of the Ordinance .... The Act came into force on 28 September 1967 and repealed the Ordinance .... The exemption conferred by the Ordinance, was continued by para 33 of Sch 9 of the Act ...."

  12. Noor Jahan v Md Yusoff Amanshah [HCM]

      • File size: 58kb

      • Matter: "The plaintiff alleges that during the subsistence of the marriage, she had purchased the shares in the name of the first defendant at the instance of the first defendant and so the first defendant will have to rebut the presumption of a resulting trust which arises in her favour. In other words, the plaintiff is relying on the principle enunciated by Eyre CB in Dyer v Dyer ...."

  13. Borneo Housing Mortgage Finance Bhd v Estate of Maureen Lee [HCB]

      • File size: 48kb

      • Matter: "The plaintiff sues the second defendant on a guarantee agreement .... for the sum of RM270,336.20 and interest which sum was the amount still owing by the first defendant under a loan agreement cum assignment ...."

  14. Y.S. Tan v Teng Sian Loong Enterprise Sdn Bhd [HCM]

      • File size: 64kb

      • Matter: "[Plaintiffs] entered into an agreement with the defendant as a developer. Preamble (b) .... recites that the landowners and the defendant are desirous of developing the said land into a housing estate .... Under the agreement the plaintiffs are to be entitled to eight units ...."

  15. Dun & Bradstreet (Singapore) Pte Ltd v Dun & Bradstreet (Malaysia) Sdn Bhd [HCM]

      • File size: 41kb

      • Matter: "Most people familiar with English names would agree that ‘Dun’, as opposed to the more familiar ‘Dunn’ or ‘Dunne’, and ‘Bradstreet’ cannot be said to be common names whether individually or together. And taken together, to my mind, they can be said to be a rarity. Accordingly, if someone came up with the trade name of ‘Dun & Bradstreet’, he must surely have a good explanation as to how he got that name combination."

Part 7

• Case No.:

  1. H.W. Tan v PP [SCM]

     • File size: 37kb

     • Matter: "whether these delays in the trial and the supply of grounds of judgment had prejudiced the appellants, and if so what appropriate remedy should be ordered ... to cure or mitigate the prejudice or unfairness."

  2. Rahimah Abdullah v BBMB [HCM]

     • File size: 30kb

     • Matter: "whether a Fixed Deposit ... created a valid lien in favour of the defendant as security for an overdraft facility which was granted by the Bank to a third party"

  3. T.P. Ong v K.M. Sim [HCB]

     • File size: 41kb

     • Matter: "It was the contention of ... the defendants that in view of the said s 7(1)(c), the said agreement could not be enforced as the assignor at the material time was not registered under the said Act and neither was the plaintiff registered as an architect ..."

  4. Public Finance Bhd v Lee Bee Rubber Factory Sdn Bhd [HCM]

     • File size: 53kb

     • Matter: "application by the second and third defendants to set aside a judgment in default of defence on two separate grounds, namely, that the judgment was not regularly obtained and, in the alternative, that there was a defence on the merits"

  5. Malayan Banking Bhd v P.K. Rajamani [SCM]

     • File size: 29kb

     • Matter: "In our view, the learned judge had taken a wrong approach in arriving at his conclusion that the facility given in the letter ... was a new facility. We think he had been influenced by the contents of the letter and the admission by the appellant that it was a new facility"

  6. Amanah Merchant Bank Bhd v T.C. Lim [SCM]

     • File size: 34kb

     • Matter: "the thrust of Mr. Dawson’s submission, ..., was that since the notice of demand was correctly addressed, prepaid and delivered to the post office and acknowledged by the postal authority, a presumption arose that the said notice had reached the respondent ..."

  7. Citibank NA v Ibrahim Othman [HCM]

     • File size: 37kb

     • Matter: "Citibank however, has only itself to blame ... By the time it filed its third affidavit, it was aware of the challenges being made. The fourth and last affidavits ... did not remedy the earlier inadequacies. It did not correctly state the amount of the advance. It did not show at what rate the interest had been calculated. This was a material omission "

  8. Jaya Medical Consultants Sdn Bhd v Island & Peninsular Bhd [HCM]

     • File size: 87kb

     • Matter: "This section has been specially enacted to give a remedy to minority shareholders in limited companies who are being oppressed or disregarded or where some acts have been done by the companies which unfairly discriminate or prejudice the minority shareholders"

  9. N.H. Ng v Maniam [HCM]

     • File size: 39kb

     • Matter: "Difficulties, however, arise when there are two or more defendants in an action for negligence and a submission of no case to meet is made by one of the defendants together with an election not to call evidence"

  10. Nancy Kual v T.O. Ho [HCB]

      • File size: 28kb

      • Matter: "plaintiff seeks a declaration that she is the legal wife of the defendant and that the native customary marriage entered into between them on 24 June 1990 is valid and subsisting in law"

  11. Teong Piling Co v Asia Insurance Co Ltd [HCM]

      • File size: 30kb

      • Matter: "whether the expression ‘costs of this arbitration’ in para 3 of the award meant that costs were to be paid on a party and party basis, as contended by counsel for the plaintiff"

  12. Arab-Malaysian Merchant Bank Bhd v Boustead Trading (1985) Sdn Bhd [HCM]

      • File size: 39kb

      • Matter: "the defendant had raised the preliminary issue that as the relevant factoring agreement did not constitute an assignment of the debt, which should have been by a separate act of assignment and not through mere notification in the relevant correspondence "

  13. Esso Malaysia Bhed v Hills Agency (M) Sdn Bhd [HCSS]

      • File size: 49kb

      • Matter: "[plaintiff] apply ... for an order [to] recover possession of the lands ... on the ground that the plaintiffs are entitled to possession of the said lands as the person or persons in occupation thereof"

  14. Keppel Finance Ltd v A.L. Phoon [HCM]

      • File size: 48kb

      • Matter: "What was held out to be a more substantial point was the contention that the plaintiffs were negligent in not selling the deposited pledged shares when their value fell below the required margin and that as a result it was alleged that the defendant has suffered damages"

  15. H.M. Tiong v Kalimantan Hardwood Sdn Bhd [HCB]

      • File size: 48kb

      • Matter: "Here, there is evidence to show that the defendants, notwithstanding the delay of which they know or must be taken to know, had allowed the plaintiff to proceed with the sandfilling works by actively and consciously conducting themselves in a manner which could only be construed as sanctioning the delay "