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Part 1

  • Case No.

    1. Alor Janggus Soon Seng Trading Sdn Bhd v Sey Hoe Sdn Bhd [SCM]

      • File size: 135kb

      • Matter: "The plaintiffs .... instituted the civil suit .... on the basis of a cause of action in contract and tort, .... Principles of company law inevitably are also interwoven into those of contract and tort. By para 14 of the statement of claim, the plaintiffs averred that the agreement is null and void and a device to defraud all the shareholders of the company."

    2. Malaysia v Ghani Gilong [FCM]

      • File size: 33kb

      • Matter: "the assessment to additional income tax for the year of assessment 1971 had been levied as long ago as 4 August 1984, which was more than 12 years prior to the date of the issue of the writ of summons and, therefore, the claim relating thereto was barred by limitation under s 91(1) of the Act ...."

    3. Sama Credit & Leasing Sdn Bhd v Official Assignee [SCM]

      • File size: 25kb

      • Matter: "On the petition of the appellant, a receiving order was made and the debtor was adjudged a bankrupt .... By a notice of motion .... the Official Assignee sought to set aside the receiving order and the adjudication order on the ground that the debtor had already been declared a bankrupt .... by another petitioner ...."

    4. Perumal v Malaysian Co-operative Insurance Society Ltd [HCM]

      • File size: 35kb

      • Matter: "Counsel for the plaintiff contends that nowhere in the policy was it stated that ‘the production of the birth certificate shall be a condition precedent to the payment’ of the policy moneys."

    5. Ng v Public Bank Bhd [CAM]

      • File size: 42kb

      • Matter: ".... there is the challenge as to the service of the notices of demand which is a sine qua non for the foundation of legal liability under the contracts of guarantee in the present case .... [T]here was here a clear and unequivocal assertion that there was no demand ever received. The letters of demand were, ..., sent to addresses that were different from that appearing on the guarantees."

    6. Hock Hua Bank (Sabah) Bhd v Yong [CAM]

      • File size: 51kb

      • Matter: "Ian Chin J made a remark about the quality of the defence delivered by the respondents .... It led to the respondents making an application to disqualify the learned judge .... He acceded .... but, .... not for any of the reasons advanced by the respondents. The appellant .... being dissatisfied with the decision of the learned judge, appealed to this court."

    7. Sim v Koperasi Tunas Muda Sungai Ara Bhd [CAM]

      • File size: 34kb

      • Matter: "In our judgment, the correct test to be applied to determine whether a written law is prospective or retrospective is to first ascertain whether it would affect substantive rights if applied retrospectively. If it would, then, prima facie that law must be construed as having prospective effect only, unless there is a clear indication in the enactment ...."

    8. Kanagasavey v Public Prosecutor [HCM]

      • File size: 31kb

      • Matter: "[Money] held in two banking accounts of the appellant was seized by the respondent under the Dangerous Drugs (Forfeiture of Property) Act 1988. The appellant claimed the property, and under s 32(2) of the Act, the respondent then referred the claim to the sessions court for its decision, which the appellant appeals from."

    9. Raja Abdul Malek Muzaffar Shah v Sec of the Police Services Commission [CAM]

      • File size: 44kb

      • Matter: "Counsel’s .... submission was that the plaintiff, ...., had in any event not been given a reasonable opportunity of being heard .... [This] was because the defendants had, when arriving at their decision to dismiss the plaintiff, taken into account material information which had never been put to the plaintiff ...."

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

      • File size: 71kb

      • Matter: "The defendants’ response to the plaintiffs’ claim, shortly stated, are that they were not liable because they were only agents for the vendor their principals and that in any event both the machine met the specifications, were merchantable and fit for the purposes for which they were purchased"

    11. Inter Maritime Management Sdn Bhd v Kai Tai Timber Co Ltd [CAM]

      • File size: 74kb

      • Matter: "Forum selection clauses are commonplace in commercial contracts, .... By that clause the parties in this case agreed to the contract being governed by Japanese law and to their disputes being adjudicated upon by the District Court of Tokyo."

    12. Metroplex Development Sdn Bhd v Mohd Mastana [HCM]

      • File size: 36kb

      • Matter: "The appellants, .... though admitting that an accident occurred at their work site on that particular day, contended that the deceased was a trespasser, and denied that the motor lorry involved was owned by them or driven by their servant and/or agent."

    13. Chooi v Lucky Height Development Sdn Bhd [FCM]

      • File size: 44kb

      • Matter: "By an agreement .... between the plaintiff’s father, .... and one Lim ...., the parties agreed to embark upon a joint venture project in which the plaintiff’s father would contribute the parent land and Lim would, ...., convert and subdivide it into .... sub-lots, and build and complete thereon, ...., terrace houses and shophouses ...."

    14. Syarikat Kenderaan Melayu Kelantan Bhd v Transport Workers' Union [CAM]

      • File size: 183kb

      • Matter: "In my judgment, this approach when applied to the interpretation of welfare or of social legislation demands that such legislation must ex necessitae rei receive a liberal interpretation in order to achieve the object aimed at by Parliament."

    15. Arab-Malaysia Credit Bhd v Tan [CAM]

      • File size: 53kb

      • Matter: "The plaintiff met these difficulties by a simple yet ingenious method. It made eight separate and distinct applications, by each of which it sought for and obtained a 12 month extension. The total of all these extensions had the desired effect of bringing back to life the expired writ."

Part 2

  • Case No.:

    1. Morello Sdn Bhd v Jaques (international) Sdn Bhd [FCM]

      • File size: 131kb

      • Matter: "In considering the question whether what was expressly stipulated as a deposit in the agreement was a true deposit, we have paid due regard to the terms of the agreement as a whole, and the surrounding circumstances."

    2. Chen v Intradagang Merchant Bankers (M) Bhd [CAM]

      • File size: 28kb

      • Matter: "The second line of argument was that the certificates of indebtedness ... were not conclusive because they did not comply with the Bankers’ Books (Evidence) Act 1949 and because the officer had not certified that the documents were identical to the books in the bank."

    3. Mohd Dalhar v Mayor of Kuala Lumpur [CAM]

      • File size: 86kb

      • Matter: "Whether a party who has applied for revision and has been refused it has a right to apply under s 66(1) of the Courts of Judicature Act 1966"

    4. DP Vijandran v Bar Council [HCM]

      • File size: 46kb

      • Matter: "This is an application made by the plaintiff under s 34 of the Legal Profession Act 1976 for an order directing the Bar Council to issue him with an annual certificate."

    5. Tradium Sdn Bhd v Zain Azahari [CAM]

      • File size: 29kb

      • Matter: "[Counsel for first respondent] says, ..., that the applicant had the requisite knowledge and opportunity to take the necessary steps ... that the applicant, ..., elected not to be an additional respondent ... and, having made a conscious election, it ought not to be permitted to now change its stance ..."

    6. Ti v Public Prosecutor [SCM]

      • File size: 31kb

      • Matter: "... the only point of substance ... for the appellant concerned the failure of the prosecution to either call, or at least make available to the defence, a witness who, it was said, for a certain time was just an informer but later forsook that role and assumed the mantel of an agent provocateur, ..."

    7. The MV Brihope [HCM]

      • File size: 55kb

      • Matter: "This is the plaintiffs’ application ... for an order for the determination of the priority of payments to the several claimants against the funds deposited into court from the proceeds of sale of a vessel ..."

    8. Sarip Hamid v Patco Malaysia Bhd [SCM]

      • File size: 51kb

      • Matter: "... whether the respondent, ..., had satisfied the requirements of O 53 r 1(2) of the Rules of the High Court 1980, when it had obtained leave of the High Court ... to apply for an order of certiorari to remove to the High Court for the purpose of it being quashed, an award of the Industrial Court ..."

    9. Vincent Tan v Noone & Co [SCM]

      • File size: 51kb

      • Matter: "a point of law could be taken up for the first time on appeal if it raised a question of jurisdiction and if it would result in the rectification of an erroneous order. The legal question is whether, in the circumstances of the present case, non-compliance with the procedures under O 16 r 4 of the RHC amounts to an irregularity or a nullity as affecting the jurisdiction of the court below ..."

    10. MGG Pillai v Vincent Tan [CAM]

      • File size: 138kb

      • Matter: "What is a man’s reputation worth? That is the question around which these appeals revolve."

    11. Luggage Distributors (M) Sdn Bhd v Tan [CAM]

      • File size: 204kb

      • Matter: "This is an appeal from the decision of NH Chan J, whereby he dismissed an application ... to remove a caveat lodged by the respondents ... We heard this appeal ... unanimously allowed it ..."

    12. Director of Customs, Federal Territory v Ler [SCM]

      • File size: 59kb

      • Matter: "... [the liquidator] found himself in a predicament as to whether a sum ... in respect of sales tax due and payable before the winding-up proceedings by Castwell to the Director of Customs Federal Territory was to be settled in priority to the claim by MIDF debenture holders."

    13. Tien Ik Enterprises Sdn Bhd v Woodsville Sdn Bhd [SCM]

      • File size: 67kb

      • Matter: "Our s 218(1)(i) is in pari materia with the provisions of s 222(f) of the English Companies Act 1948. The application of the ‘just and equitable’ provision in the section was discussed in the House of Lords case of Ebrahimi v Westbourne Galleries Ltd [1973] AC 360"

    14. Attorney General of Hong Kong v Zauyah [CAM]

      • File size: 100kb

      • Matter: "They ... expressed their willingness to give evidence ... in Hong Kong. But ... were concerned about the resultant implications of giving evidence ... [B]y doing so they may be prosecuted for offences under the Banking and Financial Institutions Act 1989."

    15. Murugappa v Lee [CAM]

      • File size: 35kb

      • Matter: "Until and unless a purchaser has an enforceable contract for the sale of land, he can lay no claim to the title to registered land. A fortiori, he has no interest that is capable of protection by the entry of a caveat. As we have said, the application for the entry of the caveat in the instant case contains no assertion of a concluded contract."

Part 3

  • Case No.:

    1. Selva Kumar v Thiagarajah [FCM]

      • File size: 55kb

      • Matter: "At common law, ..., the effect of a sum being found as a penalty, is therefore that the innocent party to a breach of contract is not left with no remedy, he can still recover damages or compensation which he has however to prove ..."

    2. K.O. Teh v Yeoh & Wu Development Sdn Bhd [HCM]

      • File size: 57kb

      • Matter: "The purchasers took possession of the house in November 1984, and then found cracks on the walls, that the ground was not even, and one of the ceiling boards had apparently been replaced earlier but it had not been painted, with the bathroom upstairs leaking."

    3. Vijayalakshmi v Jegadevan [CAM]

      • File size: 19kb

      • Matter: "A winding-up order could not be discharged or rescinded after it had been made. The only remedy is to apply for a stay of proceedings under the winding-up order: see s 342(1) of the Companies Act 1965."

    4. Vijayalakshmi v Dr Mahadevan [FCM]

      • File size: 55kb

      • Matter: "... appeal is concerned with the exercise of discretion of the trial judge in granting a stay of the winding-up proceedings under s 243 of the Companies Act 1965."

    5. Boonsom Boonyanit v Adorna Properties Sdn Bhd [HCM]

      • File size: 94kb

      • Matter: "even assuming that I had found that forgery had been proven, the question which then arises is: whether the defendant could claim protection as a bona fide purchaser for value under the proviso in s 340(3) of the National Land Code"

    6. Ayer Molek Rubber Co Bhd v Insas Bhd [CAM]

      • File size: 36kb

      • Matter: "the plaintiffs through their legal advisers have abused the process of the High Court by instigating the injustice through misuse of the court’s procedure by manipulating it in such a way that it becomes manifestly unfair to the defendants ... [T]hese unethical lawyers have brought the administration of justice into disrepute among right-thinking people."

    7. Mohd Latiff v Tengku Abdullah [HCM]

      • File size: 141kb

      • Matter: "Mr. Cecil Abraham submits that all the defendants were full members of the Club as at 24 Aug 1982. But Raja Aziz pointed out that by a resolution dated 8 April 1982, the membership committee admitted the names listed in the schedule to the resolution as provisional members."

    8. Y.H. Wong v Syarikat Hong Leong Assurance Sdn Bhd [FCM]

      • File size: 70kb

      • Matter: "Industrial Court ..., found Wong Yuen Hock, an insurance claims manager of 12 years standing in the employment of Hong Leong Assurance Sdn Bhd, had been dismissed without just cause or excuse ..."

    9. Pembenaan Leow Tuck Chui & Sons v Dr. Leela's Medical Centre Sdn Bhd [SCM]

      • File size: 114kb

      • Matter: "[Whether] the plaintiff, ..., had agreed to construct a private hospital ... there is an obligation imposed upon the employer to pay at once the sum of RM433,288.97 appearing in the penultimate progress payment certificate ..."

    10. Aik Ming (M) Sdn Bhd v C.C. Chang [CAM]

      • File size: 257kb

      • Matter: "a charge of conspiracy to defraud is a serious one to make. It ought not to be countenanced by a court unless properly taken in a party’s pleadings. Such a charge must be supported by full particulars. "

    11. Royal Brunei Airlines Sdn Bhd v Philip Tan [CABrunei]

      • File size: 62kb

      • Matter: "Increasingly, plaintiffs have recourse to equity for an effective remedy when the person in default, typically a company, is insolvent. Plaintiffs seek to obtain relief from others who were involved in the transaction, such as directors of the company or its bankers or its legal or other advisers"

    12. Insas Bhd v Ayer Molek Rubber Co Bhd [FCM]

      • File size: 45kb

      • Matter: "We therefore would like to remind judges that they should refrain from criticizing another court, their brother judges and lawyers who have no opportunity to correct such injustice caused to them, which will have a detrimental effect on their characters and professional careers ..."

    13. Malaysia v Jasanusa Sdn Bhd [SCM]

      • File size: 56kb

      • Matter: "With respect, in our view, neither s 103(1) nor s 106(3) [of Income Tax Act 1967] bars a court, in appropriate circumstances, from exercising its inherent powers of granting a stay, even in a tax case."

    14. Sidek Ludan v Prosecutor [CAM]

      • File size: 40kb

      • Matter: "The appellant was charged in the Sessions Court at Johore Bahru on two charges of raping a female minor aged nine years and ten months and, after a protracted trial, the appellant was found guilty and he was convicted of both charges."

    15. Malaysia v Ghani Gilong [FCM]

      • File size: 34kb

      • Matter: "In our view, the High Court has no power to entertain a plea of limitation under s 91(1) and (3) of the [Income Tax Act 1967] advanced by a taxpayer. However, the special commissioners have such power."

Part 4

  • Case No.:

    1. Mohd Azam Shuja v UMBC Bhd [CAM]

      • File size: 37kb

      • Matter: "whether effect should be given to a point not raised in the court below but raised for the first time in the appellate court is one of discretion. This was decided by the Federal Court in Gulwant Singh v Abdul Khalik [1965] 2 MLJ 55."

    2. Ramanathan v Public Prosecutor [CAM]

      • File size: 17kb

      • Matter: "His counsel ... objected to his client being handcuffed while he was in the dock and applied to the learned sessions court judge to have the handcuffs removed. The learned deputy public prosecutor ... the learned sessions court judge rejected the application ..."

    3. Sarawak v Chin Hwa Engineering Development Co [HCSS]

      • File size: 37kb

      • Matter: "It was implicit in the submissions of the Attorney General that what he was contending for was a ruling by this court that the arbitration clause – cl 43 – was not wide enough to confer jurisdiction upon the arbitrator to determine the questions ..."

    4. Prestasia Sdn Bhd v W.L. Mow [CAM]

      • File size: 55kb

      • Matter: "Another way of looking at this is to consider Mow’s solicitors letter ... as an anticipatory repudiation of the agreement since she was saying that she proposed to carry out no work on the land and in fact did not carry out any excavations thereon. In our view, the absence of granite, even if this had been properly proved (and it was not), was no excuse."

    5. Hartecon JV Bhd v Hartela Constractor Ltd [CAM]

      • File size: 36kb

      • Matter: "In supporting the appeal, counsel for the appellant conceded that the learned judge had jurisdiction to reverse his earlier order because it had not yet been drawn up and perfected. He however argued that the learned judge had exercised his discretion wrongly in the circumstances of the present case"

    6. Dominic v Jet Age Construction Sdn Bhd [CAM]

      • File size: 47kb

      • Matter: "plaintiffs could not now claim for damages because they should have done so when praying for the removal of the caveat. He submitted it is settled law that the plaintiffs are not allowed to litigate piece meal ..."

    7. James Capel (Far East) Ltd v Y.K. Fung Securities Sdn Bhd [HCM]

      • File size: 96kb

      • Matter: "This action concerns international contracts or rather contracts involving foreign elements which would require the court to determine the proper law of contract that should govern them."

    8. K.T. Yong v Salim [HCM]

      • File size: 57kb

      • Matter: "Assuming, for a moment, that the dying declaration has satisfied both the two conditions [and] is admissible, it is imperative on the court’s part to heed the warning of Whyatt CJ in Mohamed Allapitchay v R [1958] MLJ 197 to the effect that if the statement ... was not made on oath and subjected to cross-examination ..."

    9. Mustafa Osman v C. Lee [CAM]

      • File size: 24kb

      • Matter: "Having held the tenancy agreement to be void for illegality, she nevertheless ordered the defendant to vacate the land and the premises. Her decision was on the footing that the defendant was a monthly tenant, so that the notice to quit had had the effect of terminating the relationship of landlord and tenant."

    10. Taman Sungai Dua Development Sdn Bhd v B.K. Goh [CAM]

      • File size: 34kb

      • Matter: "This was that the directors of the company ceased to have any capacity to instruct solicitors to make this application once the provisional liquidators were appointed. Therefore, it was submitted that the application was not properly filed before the court and should be dismissed."

    11. B Ravandran v Maliga [HCM]

      • File size: 41kb

      • Matter: "in considering the issue of custody ... it would appear that the paramount consideration should be the welfare of the children. However, the ‘paramount consideration’ factor does not mean that it should be first on the list of factors to be considered, but rather that it must be the overriding consideration."

    12. MBf Holdings Bhd v East Asiatic Co (M) Bhd

      • File size: 27kb

      • Matter: "To turn back to MBf’s application for the mandatory injunction to compel EAC to take all necessary steps to deliver vacant possession, let me say that there is serious dispute as to whether EAC has not delivered vacant possession in accordance with the terms of the [agreement]"

    13. Yomeishu Seizo Co Ltd v Sinma Medical Products (M) Sdn Bhd [HCM]

      • File size: 127kb

      • Matter: "The plaintiffs contend that the essential features of each of the said trade marks include ... a combination of three kanji characters (養命酒), the romanized word ‘Yomeishu’ ..., their logo that depicts a stylized flying dragon and ..."

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

      • File size: 71kb

      • Matter: "A manufacturer or supplier would sell its goods ... on credit. It would raise an invoice ... for the sale ... It could wait until the end of the credit period ... Or it could ‘sell’ the invoice to a factoring house, such as the respondent, at a discount and ... receive a percentage of the face value of the invoice ..."

    15. Capital Insurance Bhd v Kasim Mohd Ali [CAM]

      • File size: 16kb

      • Matter: "the respondent’s cause of action against the appellant is founded under s 96(1) of the Road Transport Act 1987 under which an insurer is duty bound to satisfy any judgment obtained against any person insured by the insurer in respect of third party risks."

[.... END OF 1995 ....]

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