Part 1

• Case No.

  1. Seloga Jaya Sdn Bhd v Pembenaan Keng Ting (Sabah) Sdn Bhd [SCM]

     • File size: 94kb

     • Matter: ".... an appeal from the judgment .... dismissing an appeal from the decision of the senior assistant registrar refusing an application for stay of an action commenced by the appellant against the respondent ...."

  2. Tai v Malaysia [SCM]

     • File size: 32kb

     • Matter: ".... the appellant commenced an action .... for a declaration that the certificate issued by the DGIR to the Director of Immigration .... was null and void as it was made contrary to s 104 of the [Income Tax Act 1967], mala fide and against established principles of natural justice ...."

  3. Eikobina (M) Sdn Bhd v Mensa Mercantile (Far East) Pte Ltd [SCM]

     • File size: 46kb

     • Matter: ".... appellant was sued by the respondent for failure to deliver 24 units of heavy construction equipment, .... for specific performance of the agreement to sell and deliver the goods in question, general damages for breach of contract and for damages, specifically, for loss of agency to sell ...."

  4. Tenaga Pharmed Sdn Bhd v Public Prosecutor [HCM]

     • File size: 46kb

     • Matter: ".... [appellant] argued that there was no misdescription in indicating on the labels of the containers that the companies named in the charges, were the manufacturers of the drugs. He contended that, although these companies did not make the drugs, nevertheless, they did pack the drugs and label the bottles, and according to the definition under reg 2 of the Control of Drugs and Cosmetics Regulations 1984 ...."

  5. Public Prosecutor v Pung [SCM]

     • File size: 60kb

     • Matter: "Whether s 8A(1) of the Printing Presses and Publications Act 1984 read with s 8A(2), imposes restrictions on the right to freedom of speech and expression conferred by art 10(1)(a) of the Federal Constitution?"

  6. Davidson v Firm Corp Sdn Bhd [HCM]

     • File size: 38kb

     • Matter: "Firm Corp Sdn Bhd claims against the appellant damages for conversion or alternatively for the sum of RM71,120.20 had and received. The respondent had, also in the same action, claimed against the Standard Chartered Bank for the said sum for having wrongfully and without the respondent’s authority allowed the said amount to be drawn from the account of the respondent."

  7. Hatch v Ting [HCB]

     • File size: 14kb

     • Matter: ".... applicant .... sought for an order that the plaintiff submits himself to be medically examined by an orthopaedic surgeon .... at the expense of the defendants, to determine his latest medical condition and residual disability, if any. The plaintiff by his affidavit-in-opposition, .... , objected ...."

  8. Chai v Barnwood Sdn Bhd [HCB]

     • File size: 30kb

     • Matter: "The main ground of the application is that the defendant/caveator has no caveatable interest as the balance of the purchase price of the subject land does not constitute a caveatable interest."

  9. Americaya Singapore Pte Ltd v Americaya Malaysia Sdn Bhd [HCM]

     • File size: 30kb

     • Matter: ".... plaintiff [sought] to restrain the defendant from offering for sale, selling, exporting, importing, manufacturing, distributing, disposing of or parting with possession, or otherwise howsoever dealing in goods bearing the trade mark ‘Americaya’ or any colourable imitation thereof ...."

  10. Pembinaan Masdamai Sdn Bhd v Me-Wong Builders Sdn Bhd [HCB]

      • File size: 30kb

      • Matter: "Learned counsel for the plaintiff had rightly conceded that a power of attorney would not give an interest in land. Learned author Douglas J Whalan in his book The Torrens System in Australia at p 143 wrote ‘.... that a power of attorney is not truly a registered instrument conferring an estate or interest’."

  11. Capt Alimuddin v The Port Klang Authority [HCM]

      • File size: 19kb

      • Matter: "In a letter .... to the applicant, the authority intimated to the applicant that the authority had reached a decision to suspend his pilot’s licence .... for one month and to require the applicant to take an oral examination which was to be conducted by the Pilotage Committee."

  12. Lo v Federal Paint Factory Sdn Bhd [HCM]

      • File size: 32kb

      • Matter: "I share the view of McPherson J in South Downs Packers Pty Ltd v Beaver that the purpose for the appointment of a provisional liquidator is primarily to preserve the assets and otherwise maintain the status quo pending the determination of the petition to wind up the company."

  13. Peter Yip v Malaysian Bar Council [HCM]

      • File size: kb

      • Matter: ".... plaintiff had been issued with the annual certificate in respect of years 1992 and 1993 but they were issued on condition that the plaintiff deposit with the defendant RM350,000 which reflected an amount which could not be reconciled in the plaintiff’s previous firm."

  14. Lina Soo v Ngu [HCB]

      • File size: 28kb

      • Matter: "The petitioner .... and the respondent .... allege different facts to establish that their marriage has broken down irretrievably. The husband respondent denies all the facts alleged by the wife petitioner .... the [wife] petitioner wants the court to make a decree for the dissolution of their marriage based on those facts presented in her petition ...."

  15. Ghazi Mohd Sawi v Mohd Haniff Omar, IGP [SCM]

      • File size: 64kb

      • Matter: "the decision of the respondent was attacked because it was unreasonable having regard to the evidence and circumstances of the case, and, secondly .... because by adopting the procedure under GO 26(1), (2) and (4) the respondent was in breach of the rules of natural justice in that [the appellant] was not afforded the right to be heard orally and represented by his counsel."

Part 2

• Case No.:

  1. Lim v Dian Tong Credit & Development Sdn Bhd [HCB]

     • File size: 32kb

     • Matter: ".... the petitioners [in winding-up petition] are required to quantify the amount of debts alleged against the respondent company. For failing to do so .... the whole notice of demand is affected and the presumption will not arise that the respondent company is unable to pay its debts."

  2. Weng Wah Construction Co Sdn Bhd v Yik Foong Development Sdn Bhd [HCM]

     • File size: 20kb

     • Matter: ".... the respondent have no assets to meet its current liabilities and are therefore commercially insolvent .... they are unable to pay their debts especially considering the fact that the judgment against them was granted almost eight years ago. Although winding up is to be regarded as a remedy of last resort and one which ought not to be granted if some other less drastic form of relief is available and appropriate, I find none here."

  3. Mohd Nadir v Zubaidi [HCM]

     • File size: 29kb

     • Matter: "It was maintained by both counsel for all the applicants that the court has power to enlarge the time limited by s 418 as s 447(1) of the National Land Code provides that nothing in the NLC shall affect the operation of any rules of court; ...."

  4. Yeong v Lee [SCM]

     • File size: 50kb

     • Matter: "Lee [and 7 others] claim that when the seven trust deeds were executed .... they were no longer owners of the said seven pieces of land and thus all the trust deeds are void."

  5. Malayawata Steel Bhd v Mohd Yusof [HCM]

     • File size: 43kb

     • Matter: ".... [the applicant contends] that the Industrial Court had made an error in law affecting an excess of its jurisdiction in a matter referred to it under s 20(3) of the Industrial Relations Act 1967, when it proceeded to interpret the CA and the GC as imposing a mandatory requirement that before an employee is dismissed a domestic enquiry must be held ...."

  6. Co-operative Central Bank Ltd v Industrial Court of Malaysia [HCM]

     • File size: 20kb

     • Matter: ".... second and third plaintiffs are receivers of the first plaintiff .... objection was taken that leave had first to be obtained to bring the action against the second and third applicants/receivers. The learned chairman of the Industrial Court dismissed the objection ...."

  7. Abdul Manaf Mohd v Nusantara Timur Sdn Bhd [HCM]

     • File size: 30kb

     • Matter: ".... under O 56 r 2(2) [of the Rules of the High Court 1980], I set aside my order of 23 July 1992 and dismissed the plaintiffs’ appeal. I affirmed the order of the senior assistant registrar who dismissed the plaintiffs’ application for summary judgment."

  8. Abdul Razak Ahmad v Johore [HCM]

     • File size: 43kb

     • Matter: ".... assuming that ‘the sovereign authority’ in s 74(a)(i) of the Evidence Act 1950 is to mean the state authority when read with art XIII(1) of the Constitution of the State of Johore, what then is the meaning to be given to the phrase ‘documents forming the acts or records of the acts of the sovereign authority’?"

  9. Chung Khiaw Bank Ltd v Sabah [SCM]

     • File size: 30kb

     • Matter: "The court made the apportionment on a method formulated by the government valuer, which was according to the value of the quantum of interest a party loses by reason of the acquisition. The value of the quantum of interest which the appellant lost was assessed as follows ...."

  10. Leong Yick Realty Co Sdn Bhd v Asia Commercial Finance (M) Bhd [HCM]

      • File size: 27kb

      • Matter: "In the circumstances, for the defendant to contend that the shortfall arising out of the foreclosure proceedings would constitute a debt in which the defendant is entitled to proceed for a winding up proceedings would not be correct."

  11. KL Engineering Sdn Bhd v Arab Malaysian Finance Bhd [SCM]

      • File size: 32kb

      • Matter: "appeal was argued mainly on two grounds. The first .... the learned judges in both courts below failed to consider that the first appellant, being a body corporate, could act only through authorized persons and that the hire-purchase agreement was executed by a person who had no authority to act ...."

  12. GT Rajan v Lee [HCM]

      • File size: 24kb

      • Matter: "When the balance of the purchase price was paid by the purchasers to Rajan, the respondents requested that this amount be deposited into a fixed deposit interest earning account. Rajan was of the view that as he was a stakeholder of the said money, he need not accede to the request of the respondents."

  13. UMBC Bhd v Chong [HCM]

      • File size: 77kb

      • Matter: "At the conclusion of the hearing of both these applications, this court ruled that the orders sought for the sale of the charged properties by way of private treaties be refused, ...."

  14. Lau v Bank Pembangunan Malaysia Bhd [HCB]

      • File size: 37kb

      • Matter: "This is an application by the defendant, Bank Pembangunan Malaysia Bhd under O 18 r 19(1)(a), (b), (c) and (d) of the Rules of the High Court 1980 to strike out the writ of summons and the statement of claim of the plaintiff ...."

  15. Desa Teck Guan Koko Sdn Bhd v Sykt Hap Foh Hing [HCB]

      • File size: 72kb

      • Matter: ".... an application by Desa Teck Guan Koko Sdn Bhd to set aside the award of an arbitrator .... [on the ground] that the arbitrator erred in law in finding that the claimant could not continue to extract timber under the terms of a timber extraction agreement .... without a timber extraction licence."

Part 3

• Case No.:

  1. Tansa Enterprise Sdn Bhd v Temenang Engineering Sdn Bhd [HCM]

     • File size: 56kb

     • Matter: "The question of whether there should be a stay on the judgment pending trial of the counterclaim would undoubtedly depend on whether or not the defendant has a plausible or bona fide counterclaim."

  2. Public Prosecutor v Abdul Malik [HCB]

     • File size: 25kb

     • Matter: ".... the learned sessions court judge, though he said he was satisfied that the prosecution had proved that the two accused did in fact receive RM100 from PW1, came to the conclusion that the money was not received corruptly ...."

  3. Suppuletchimi v Palmco Bina Sdn Bhd [HCM]

     • File size: 71kb

     • Matter: "even in an application under O 18 r 19(1)(a), the court would still be entitled, in its inherent jurisdiction, to look at and decide upon the contents of the affidavits. By the time that such applications come up for hearing, the parties would have had ample opportunities to cure by amendments, any shortfalls in drafting the pleadings, and the application for striking off would necessarily be based on the amended pleadings. It does not preclude the court from studying the affidavits to ask itself whether, from the affidavit evidence before the court, it is satisfied that the claim discloses a reasonable cause of action or defence as the case may be."

  4. KPM Khidmat Sdn Bhd v Tey [SCM]

     • File size: 33kb

     • Matter: "Counsel stated that as the record book of the respondent, which was the source of the summary of accounts, was never produced nor properly explained as to why it could not be produced, the oral evidence of the respondent pertaining to the particulars of his claim and upon which the summary of accounts were prepared was therefore inadmissible."

  5. Huzir Hassan v Chief of Johore Bharu District Police [HCM]

     • File size: 26kb

     • Matter: "The applicant .... wanted the uncautioned statement on the basis that he has a right to it as he has a tangible interest in it and for the purpose of his trial for dangerous drugs trafficking, .... [C]ounsel for the applicant, .... submit that irrespective of whatever laws the statement was recorded under, so long as the applicant could prove that the statement is a public document under s 74 of the Evidence Act 1950 and that he has a right to that document under s 76 ...."

  6. William Wong v Bolhen [HCB]

     • File size: 81kb

     • Matter: "The claims are jointly and severally for damages (both general and special), interest and costs pertaining to the head injury sustained by the infant plaintiff as a result of him being knocked down by a car .... owned by the second defendant and driven by the first defendant."

  7. Hon v United Malayan Banking Corp Bhd [SCM]

     • File size: 21kb

     • Matter: ".... the bank was granted a prohibitory order over the two apartments purchased by Hon and Toto pending their sale to realize the judgment debt .... Hon and Toto filed an application to intervene in the proceedings and for setting aside the prohibitory order on the ground that as equitable owners of the two apartments ...."

  8. Peter Sim v Shim [HCB]

     • File size: 165kb

     • Matter: ".... the writ herein was taken out .... to have two transfers of land .... declared void on the ground that the transferor, to the knowledge of the transferee was at that time, of unsound mind."

  9. Leong v Abdul Jabbar [SCM]

     • File size: 20kb

     • Matter: "The receivers and managers of Lemo were appointed by the Bank .... pursuant to the powers contained in the two debentures as a result of Lemo’s default .... The application to the court to deal with the land in the manner proposed and approved by the court is in accordance with the terms of the debentures."

  10. Te v Peh [HCM]

      • File size: 37kb

      • Matter: ".... the granting of the interim injunction must necessarily have been based on this implicit undertaking by the plaintiff to file his claim as soon as possible. The plaintiff’s explanation, for this delay in filing the statement of claim, that there were ongoing negotiations for settlement .... served only to reinforce this court’s suspicion that the then primary aim of the plaintiff’s action in filing only the generally indorsed writ of summons (encl 1) was to secure an interim injunction and thereafter to wait to see what he could get from the defendant."

  11. Raju v Kwong Yik Bank Bhd [SCM]

      • File size: 39kb

      • Matter: "the High Court .... allowed the application by the respondents for the removal of a caveat made under s 327 of the National Land Code 1965. The appellant is dissatisfied with that decision."

  12. Kuala Lumpur Landmark Sdn Bhd v Standard Chartered Bank [HCM]

      • File size: 67kb

      • Matter: ".... BC Lim J, who heard the matter, held that the injunction in the Monsia suit had frustrated the redemption agreement and that consequently the Bank was entitled to enforce its rights in the foreclosure proceedings."

  13. Sykt Telekom Malaysia Bhd v Business Chinese Directory Sdn Bhd [SCM]

      • File size: 15kb

      • Matter: "The appellant alleged that the respondent had compiled, published, printed, distributed and sold telephone directories in the Chinese language entitled ‘Malaysian Business Chinese Directory’, and that the respondent in doing so had obtained or copied substantially from telephone directories published by the appellant without first obtaining the permission or authority of the appellant."

  14. Puah v The Land Administrator [SCM]

      • File size: 52kb

      • Matter: "we are unable to agree with the learned judge’s view to the effect that an order like the order of stay in the instant appeal is equivalent to an injunction and therefore amenable to the relevant sections of the Government Proceedings Act 1956 and the Specific Relief Act 1950. We find his Lordship’s process of interpreting the order of stay and the relevant statutory provisions unacceptable."

  15. Scott & English (M) Sdn Bhd v Leikie Refrigeration & Stainless Steel Industries Sdn Bhd [HCB]

      • File size: 24kb

      • Matter: "In my view, the solicitor’s mistake, its nature and the circumstances under which it was made are to be considered together with other factors .... [in an application for extension of time]. "

Part 4

• Case No.:

  1. M (an infant) [HCM]

     • File size: 85kb

     • Matter: "At the conclusion of the hearing of this application, I made an order that the consent of the natural parents to the adoption of the infant was unreasonably withheld."

  2. Titular Roman Catholic Bishop of Penang v Ramachandran [HCM]

     • File size: 40kb

     • Matter: "The initial occupation of a part of the house by the defendant and his family was with the consent of Francis Rajoo and subsequently of Mary Joseph. The notice to quit .... alleged that the plaintiff was the registered proprietor .... and that the defendant and every other person in occupation of the premises were trespassers .... [T]he plaintiff required the defendant and every other person in occupation to forthwith quit and deliver up possession ...."

  3. Al-Ozeir v American Express Bank Ltd [HCM]

     • File size: 20kb

     • Matter: ".... defendant had applied to discharge the order .... [granting] leave to issue the notice of the writ of summons against the defendant and to serve the same .... out of the jurisdiction .... The grounds .... were that the court had no jurisdiction .... as the alleged tort of deceit and fraud .... was committed wholly outside the jurisdiction of the court and that all the facts and matters giving rise to the plaintiffs’ claim .... took place either in London or Singapore and that it had been expressly agreed that all disputes between the parties arising out of the contracts should be determined exclusively in accordance with the laws of Singapore and by the courts of Singapore."

  4. Philip Tan v Royal Brunei Airlines Sdn Bhd [CA,Bru]

     • File size: 43kb

     • Matter: "The task of the Chief Justice was rendered the more difficult because the allegations relating to fraudulent or dishonest design by the trustees and to the nature of the assistance given by Mr. Tan in furthering that design were not pleaded in the amended statement of claim with the clarity and particularity ...."

  5. Lim v Hiew [HCM]

     • File size: 26kb

     • Matter: "This application sought to prevent the respondent [husband] from disposing of the Employees' Provident Fund payment once the money was in his hands until the applicant’s application for ancillary relief was disposed of."

  6. Halimatussaadiah v Public Services Commission, Malaysia [SCM]

     • File size: 48kb

     • Matter: "the Government .... issued Service Circular No 2/1985 pertaining to dress code for civil servants .... [Appellant] was advised by the then State Legal Adviser not to wear any clothes which covered her face. [Appellant] took no notice of the advice and persisted in wearing the [purdah] ....on the ground that [she is] a Muslim ...."

  7. All Malayan Estates Staff Union v Golden Hope Plantation Bhd [HCM]

     • File size: 50kb

     • Matter: "In the present case, the Minister’s reference was ‘regarding the relocation' of employees. The issue of transfer was outside the scope of the reference. In my view the Industrial Court had correctly confined itself to the issue of relocation."

  8. United Malayan Banking Corporation Bhd v Palm and Vegetable Oils (M) Sdn Bhd [SCM]

     • File size: 28kb

     • Matter: ".... an appeal by .... United Malayan Banking Corp Bhd, from the judgment .... upholding the decision of the senior assistant registrar in allowing the dismissal of the appellant’s action for want of prosecution."

  9. Wong v Tay [HCB]

     • File size: 67kb

     • Matter: "The fact that a document is headed ‘without prejudice’ does not conclusively or automatically render it privileged from admission in evidence .... and if a claim for such privilege for the document is challenged the court will look at the document to determine its nature."

  10. Peter Yip v The Bar Council [SCM]

      • File size: 29kb

      • Matter: "We agree with the .... Bar Council that an advocate and solicitor is in a position of a trustee vis-à-vis his client’s money and must therefore produce a clean accountant’s report in respect of all moneys handled by any office of his partnership during any period for which he is a partner. The Bar Council is not concerned with the internal financial and other arrangements between partners inter se."

  11. Ayer Hitam Tin Dredging Malaysia Bhd v YC Chin Enterprises Sdn Bhd [SCM]

      • File size: 69kb

      • Matter: "The primary issue .... is whether there was a concluded contract .... True it is that merely because the parties contemplate the preparation of a formal contract, that by itself will not prevent a binding contract from coming into existence before the formal contract is signed."

  12. Tang v Too [SCM]

      • File size: 29kb

      • Matter: "Perhaps, in its desire to accord such protection of the law, [Parliament] failed to foresee a situation .... where the parties remained non-Muslims until after the marriage was dissolved, and then one party converted to Islam. Neither the language of s 3 nor s 51 is sufficiently precise in dealing with the issue of the jurisdiction of the High Court in the circumstance."

  13. Seet v Tee Yih Jia Foods Manufacturing Pte Ltd [SCM]

      • File size: 83kb

      • Matter: ".... whether the first appellant, by forming the second appellant in Malaysia and carrying on a similar business using the same name ‘TYJ’, logo and get-up, passing off had been established by the respondent ...."

  14. Kumagai Gumi Co Ltd v Zenecon-Kumagai Sdn Bhd [HCM]

      • File size: 170kb

      • Matter: "These are two petitions under the Companies Act 1965 .... For brevity’s sake, I will refer to each of them as the oppression petition and the winding-up petition, respectively."

  15. Polygram Records Sdn Bhd v The Search [HCM]

      • File size: 142kb

      • Matter: "This case deals with the legal effect of two recording contracts entered into between the plaintiffs, Polygram, a recording company, and a group of young artistes known as The Search."

Part 5

• Case No.:

  1. Lam Eng Rubber Factory (M) Sdn Bhd v Lim [HCM]

     • File size: 33kb

     • Matter: "The plaintiff company’s claim is for sums of money which it avers were advanced to the defendants by the plaintiff company and which remain severally unpaid or partly paid."

  2. The Malaysian Royal Police v Audrey Keong [HCM]

     • File size: 42kb

     • Matter: "This application is for the revision of the order made by the registrar of the magistrates’ court, which order released the respondent from police custody. The registrar had .... stated that the arrest of the respondent was made without a warrant and that the suspect (or respondent here) was not told of the reasons for her detention."

  3. Global Pacific Textile Industries Sdn Bhd v Director General of Customs and Excise [HCM]

     • File size: 41kb

     • Matter: ".... that a declaration be made whether on the true construction of the provisions of the Customs Act 1967 [ss 11 & 65], and the provisions of the Companies Act 1965 [ss 191 & 292], the customs duties leviable against Global Pacific Textile Industries Sdn Bhd (in receivership) has priority of payment over the claims of the following ...."

  4. Dr Mahesan v Ponnusamy [HCM]

     • File size: 71kb

     • Matter: ".... that the notice of board of directors’ meeting dated 15 April 1994 be declared null and void."

  5. Superintendent of Lands & Surveys v Hamit Matusin [SCM]

     • File size: 26kb

     • Matter: "A small point of practice and procedure relating to evidence at variance with or departing from pleading arises in this appeal and though there is no dearth of authorities on it, application of the relevant principles seems to have frequently given rise to some difficulty as in this appeal; further, we feel we ought to give our reasons for differing from an otherwise well-reasoned judgment of the learned trial judge."

  6. United Asian Bank Bhd v Personal Representative of Roshammah [HCM]

     • File size: 25kb

     • Matter: "This case is about a borrower and his family who did everything they could to frustrate a bank from selling their home to pay off a judgment debt."

  7. Finmark Consultants Pte Ltd v Development & Commercial Bank Bhd [SCM]

     • File size: 87kb

     • Matter: ".... the purchaser sued, praying for specific performance of the agreement to sell the said land to it, an injunction to restrain the vendor from selling the said land to others, damages for breach of contract in lieu of, or in addition to specific performance."

  8. Chor v Farlim Properties Sdn Bhd [FCM]

     • File size: 74kb

     • Matter: "The preliminary point of law raised by this appeal resolves itself into the question of the true meaning and ambit of the proviso to s 322(1) of the National Land Code 1965 .... which says: ‘Provided that such a caveat shall not be capable of being entered in respect of a part of the land’."

  9. Chan v Lim [SCM]

     • File size: 60kb

     • Matter: ".... award against the defendants of the loss of future support .... whether in a claim by a parent for loss of support in respect of an unmarried son, the statutorily-fixed number of years’ purchase as set out in s 7(3)(iv)(d) of the Civil Law Act 1956 is applicable."

  10. Sundram v Arujunan [SCM]

      • File size: 61kb

      • Matter: "In our view, regard being had to the circumstances of the case, once the plaintiff had established that he had been struck by the defendant driver’s car, while he lay across the white centre line of the road, there was a prima facie case that both the leg injury and the head injury had been caused by the defendant driver’s car."

  11. Puspita Corp Sdn Bhd v Berjuntai Tin Dregding Bhd [SCM]

      • File size: 40kb

      • Matter: ".... plaintiff had by its originating summons prayed for .... a declaration that the mining material .... found on the lands held under mining lease No 14 .... is and continues to be the property of the plaintiff"

  12. Seabank Kredit Sdn Bhd v Udos Riging [HCB]

      • File size: 25kb

      • Matter: ".... this application calls for me to decide whether the default judgment at the time of the issue of the bankruptcy notice was a final judgment. Under s 3(1)(i) of the [Bankruptcy Act 1967], a bankruptcy notice is to issue only on a final judgment or final order and execution thereon not having been stayed."

  13. Weng Neng Medical & Liquor (KL) Sdn Bhd v Fountain Industries Sdn Bhd [HCM]

      • File size: 20kb

      • Matter: "Acting upon this warrant of distress, the bailiff seized the properties of the respondents on the demised premises and subsequently, auctioned it off .... [T]he said court received a letter from the labour office alleging that five employees of the respondents, whose salaries amounted to RM15,244.77, were not paid by the respondents ...."

  14. Syed Mahadzir v Inspector General of Police [HCM]

      • File size: 50kb

      • Matter: ".... defendants further averred that the plaintiff was retired .... after a medical board duly convened .... had found the plaintiff to be suffering from the condition known as ‘schizophrenia’, an infirmity of the mind which rendered him incapable of discharging the duties of his office."

  15. Ng v Deputy Minister for Home Affairs [SCM]

      • File size: 34kb

      • Matter: ".... whether in a .... habeas corpus application, corrective and additional evidence by means of supplementary affidavits exhibiting documents tendered by the respondents after the applicant’s counsel had closed his case and commenced his submission, were properly admitted by the High Court"

Part 6

• Case No.:

  1. Lau v Minister for Resource Planning [HCB]

     • File size: kb

     • Matter: "Under the Land Code the power to acquire land is exercised through a declaration of acquisition under s 48. Once that declaration is issued, the Superintendent is legally bound to do all the acts and things required to be done under s 49 towards finalization of the inquiry into compensation ...."

  2. Nik Sharifuddin v Mohaiyani Securities Sdn Bhd [HCM]

     • File size: 41kb

     • Matter: ".... an application by the plaintiff for an order that the defendant be restrained from calling, demanding or encashing the bank guarantee issued by Perwira Habib Bank Malaysia Bhd ...."

  3. Tan v Medical Specialist Centre (JB) Sdn Bhd [HCM]

     • File size: 35kb

     • Matter: "At the trial, the respondent’s auditor gave evidence that the surcharge were contributions from the shareholders to the respondent [company] and were never meant to be loans .... According to him the word ‘surcharge’ means ‘extra additional contribution towards overhead costs of a company’."

  4. Malaysian Rubber Development Corp Bhd v Glove Seal Sdn Bhd [SCM]

     • File size: 48kb

     • Matter: "The breach of contract was the failure of the first defendant to issue an irrevocable letter of credit in favour of the plaintiff 30 days before the date of the first shipment of the goods ...."

  5. AG of Hong Kong v Lorrain Esme Osman [HCM]

     • File size: 37kb

     • Matter: ".... whether the disclosure by the officers of any document or information falling within the prohibition .... [in] the Banking and Financial Institutions Act 1989 (‘BAFIA’) during the course of giving evidence .... will constitute an offence under BAFIA or will cause the bank and/or the officers to breach any other obligation of confidentiality ...."

  6. Karuppannan v Balakrishnen [FCM]

     • File size: 34kb

     • Matter: ".... in the approval letter it was repeated that those protrusions encroaching into the neighbouring lot must be removed the moment the registered owner intends to have a building on it."

  7. Lien Chung Credit & Leasing Sdn Bhd v Chang [HCM]

     • File size: 31kb

     • Matter: "whether a postdated cheque is a security within the contemplation of the Moneylenders Ordinance 1951. As far as the sessions court judge was concerned, the appellant’s claim failed as there was no reference to the postdated cheque in the memorandum. That to my mind is not enough."

  8. Dr Michael Wee v Malaysia Credit Finance Bhd [SCM]

     • File size: 34kb

     • Matter: "It was the plaintiff’s case that he was at all material times the beneficial owner of the said property and the two prohibitory orders had been wrongly registered on the issue document of title to the said property, resulting in the auction sale of the said property at the instance of the Bank being null and void."

  9. Chan v Allied Granite Marble Industries Sdn Bhd [HCM]

     • File size: 34kb

     • Matter: "The pollution .... caused by the disposed earth and the consequential stagnation of water that ensued killed the worms in seven of the plaintiff’s ponds causing him to suffer loss."

  10. Kok v The Land Administrator of Petaling District [HCM]

      • File size: 21kb

      • Matter: ".... Lot 305, in view of its developmental potential as an industrial lot, had to be given market value which ‘reflect[s] not only the value by reference to the use to which the land was being put at the time at which its value is to be determined, but also by reference to the use to which the land is reasonably capable of being put in the future’ .... And the value should also take into account its high visibility from the Federal Highway."

  11. Re estate of Yong Wai Man; exp Yong Khai Min [HCSS]

      • File size: 83kb

      • Matter: ".... application .... the administrator of the estate of Yong Wai Man .... for the moneys of the said estate which had been held in trust for three minor beneficiaries, .... to be reinvested."

  12. Hamizan v Wong [HCM]

      • File size: 31kb

      • Matter: "Apparently, of late, it has become fashionable for the defence to allege that a failure to plead contributory negligence by the plaintiff is fatal to the plaintiff’s case in the event the plaintiff is found to have contributed to the negligence himself. In short, if this principle is accepted, it would change the law of negligence where contributory negligence, once a defence, has now become a cause of action."

  13. Aluminium Co of Malaysia Bhd v Ng [HCM]

      • File size: 25kb

      • Matter: "Thus, where official action, while being within the scope of the authority of the law or a corporation, becomes erroneous on some grounds, such action would now be described as ultra vires, being outside jurisdiction, under the broad concept of ultra vires."

  14. Lee Freddie v Petaling Jaya Municipal Council [HCM]

      • File size: 55kb

      • Matter: "The plaintiffs are owners and residents in three bungalows in the immediate vicinity of the said land. The third plaintiff is the president of the Kampong Jamil Rais Owners’/Residents’ Association. They want the said land to remain vacant as a recreational area."

  15. Sunny Yap v PP [HCM]

      • File size: 32kb

      • Matter: "the public prosecutor withdrew the appeal against acquittal ..., leaving only the appeal by the appellant against conviction and sentence intact. Unfortunately, the appellant died during the pendency of the appeal .... [W]hether the appeal abates upon the death of the deceased appellant."