1 9 9 6
bullet

Part 1

  • Case No.

    1. Asia Commercial Finance (M) Bhd v JB Precision Moulding Industries Sdn Bhd [FCM]

      • File size: 34kb

      • Matter: "... the learned trial judge ordered the appellant, ... to refund to the respondent, ... a sum of RM26,691, being the aggregate of security deposit RM25,086 and prepaid rental of RM1,605."

    2. Si & Si Sdn Bhd v Hazrabina Sdn Bhd [SCM]

      • File size: 25kb

      • Matter: "... whether the learned judge was right in awarding damages against the petitioner in the winding-up petition after striking out the petition as being an abuse of the process of the court."

    3. Borneo Housing Mortgage Finance Bhd v Time Engineering Bhd [FCM]

      • File size: 75kb

      • Matter: "... a priority dispute concerning certain immovable properties. The contest was between a chargee under a charge registered ... under s 104 of the Sabah Land Ordinance (Cap 68) and a purchaser under an agreement of sale and purchase in writing ..."

    4. China Airlines Ltd v Maltran Air Corp Sdn Bhd [FCM]

      • File size: 63kb

      • Matter: "... there is a clear authority also from the House of Lords — and followed by the Privy Council — which says that a distinction can be drawn between a finding of a specific fact which depends upon the credibility of witnesses and a finding of fact which depends upon inferences drawn from other facts. In the latter case, an appellate court will more readily interfere with the trial judge’s findings of fact ..."

    5. Hongkong Bank (M) Bhd v Raja Letchumi [CAM]

      • File size: 36kb

      • Matter: "... the enthusiasm with which the bank approached the suits in question at the early stages of litigation waned with the passage of time. Their lack of interest in the matter is evinced by the way in which they have conducted this litigation ..."

    6. Reliance Shipping & Travel Agencies v Low [CAM]

      • File size: 17kb

      • Matter: "'The Employee shall work with the Company for a minimum period of three (3) years commencing from 9 March 1987. In the event the Employee should leave the Company within the said period, the Employee shall pay the sum of Ringgit Twenty Thousand (RM20,000) as agreed compensation.'"

    7. Yong v Public Prosecutor [CAM]

      • File size: 60kb

      • Matter: "... the second appellant went to the Kota Kinabalu community centre to file his nomination papers, and he was accompanied by the 1st, 3rd, 4th and 5th appellants. All the five appellants were charged in the magistrates’ court with the offence of participating in a procession in a public place without a licence ..."

    8. Kok v Juta Villa (M) Sdn Bhd [CAM]

      • File size: 35kb

      • Matter: "Mr. Hira Singh is wrong to ask for the appointment of a receiver and manager as in our view it is not possible to appoint a receiver in winding-up proceedings by the court. In the case of a winding-up proceeding by the court, there is provision in s 231 of the Companies Act 1965 for a provisional liquidator to be appointed."

    9. Insun Development Sdn Bhd v Azali Bakar [FCM]

      • File size: 40kb

      • Matter: "... there had thus been a delay ... on the part of the vendor in delivering vacant possession ... [Vendor] contended that as the purchaser’s claim was founded upon a breach of contract, ..., his cause of action accrued on the day following the time limited under the agreement for completion and delivery of vacant possession of the house ..."

    10. Periasamy v Public Prosecutor [CAM]

      • File size: 112kb

      • Matter: "[The first appellant] was charged in the Sessions Court at Kuala Lumpur on three counts of criminal breach of trust ... [The second appellant] was charged with three counts of abetting the first appellant ..."

    11. Chong v MBf Finance Bhd [CAM]

      • File size: 48kb

      • Matter: "whether the respondent, who was the third defendant ..., can be held liable for the debt of the first defendant, ... The appellant, who is a building contractor, had entered into a contract with the first defendant, but before payment was made, the first defendant was placed under receivership."

    12. Teo v Johore Builders & Investments Sdn Bhd [CAM]

      • File size: 33kb

      • Matter: "In support of the proposition that time ceases to be of the essence under a building contract when additional works are ordered and undertaken, counsel cited and relied on the decision of the Full Court of Victoria in SMK Cabinets v Hili Modern Electrics Pty Ltd [1984] VR 391."

    13. Chor v Choong Lye Hock Estates Sdn Bhd [CAM]

      • File size: 53kb

      • Matter: "We take as settled beyond argument that estoppel is a flexible doctrine by which justice is done according to the facts of a particular case. It is, therefore, erroneous to apply the doctrine to the facts of a case as though it were some form of legal straitjacket."

    14. Leong Moh Sawmill Co Sdn Bhd v Standard Chartered Bank [CAM]

      • File size: 39kb

      • Matter: "whether Standard Chartered Bank ... [can] continue to pursue matters relating to these proceedings in its name as after ... it had already sold and vested all its banking business in Malaysia to Standard Chartered Bank Malaysia Bhd, a separate legal entity ..."

    15. Loke v Vimtex Sdn Bhd [CAM]

      • File size: 57kb

      • Matter: "The sense in which the word ‘terminate’ was used by the appellants must be discovered from the context in which it was used and, I think there is really no doubt that the sense in which the word ‘terminate’ was used in the letter of 14 January 1993 was that of rescinding the contract and not in the strict dictionary sense."
bullet

Part 2

  • Case No.:

    1. Public Finance Bhd v Scotch Leasing Sdn Bhd [FCM]

      • File size: 74kb

      • Matter: "... such competing claims ought to be resolved are based on three principles ... The first ... is nemo dat ..., ... the second ... is that in .. an assignment of book debt, it is most desirable ... that notice of the assignment should be preferably given ...; and the third principle, ..., is that ... rules in equity which normally apply to land transactions ... should not be applied to personal property ..."

    2. Arah Cipta Sdn Bhd v Kian Kee Sawmills (M) Sdn Bhd [CAM]

      • File size: 61kb

      • Matter: "... an action filed by the [plaintiffs] to enforce an agreement for the sale of land. The learned trial judge struck it out on the ground that the statement of claim did not disclose a cause of action against the first defendant and that the other defendants had all been unnecessarily dragged into a dispute ... We allowed the appeal ..."

    3. Kajing Tubek v Ekran Bhd [HCM]

      • File size: 88kb

      • Matter: "... there were various public pronouncements by government leaders that the EIA would be made available to the public for their comments and views before approval ... Suddenly, ... the Press reported that ... the first segment of the EIA ... had been approved ..."

    4. Scotch Leasing Sdn Bhd v Chee [SCM]

      • File size: 24kb

      • Matter: "The first of these questions is the revocability by another judge subsequently of an order made by an earlier judge and since perfected, and the other question is as to the actual stages of a case where an objection on the point of jurisdiction of the court can be raised by a defendant."

    5. Fung v Marid Construction Co [FCM]

      • File size: 34kb

      • Matter: "it is crystal clear from art 121 of the Federal Constitution that there are two separate High Courts in Malaysia exercising distinct territorial jurisdiction ... the High Court in Malaya and ... the High Court in Sabah and Sarawak ... [T]here is absent in any Federal legislation that confers power upon the one High Court to transfer proceedings to the other."

    6. Senior Assistant Registrar of the High Court at Johore Bharu v Tan [CAM]

      • File size: 53kb

      • Matter: "the appellant’s contention that where the auction is cancelled or adjourned by the court, the deputy registrar has a discretion to prescribe the fees pursuant to r 7(a) of the Auction Rules or alternatively under the inherent jurisdiction of the court"

    7. Energoprojek (M) Holdings v Public Prosecutor [HCM]

      • File size: 33kb

      • Matter: "The appellant’s defence was that while it did engage in constructing the said building, it did not engage in ‘housing development’ as defined under s 3 of the Act as it never had any intention to sell any of the units of apartments it was building."

    8. Baselon International Ltd v South Strong Industries Sdn Bhd [HCM]

      • File size: 72kb

      • Matter: "... that designs to be registrable in the United Kingdom must be new or original. Thus, prior publication would destroy any claim to novelty ..."

    9. Keng Soon Finance Bhd v MK Retnam Holdings Sdn Bhd [HCM]

      • File size: 112kb

      • Matter: "Miss Chia Lee Siew, ... categorically stated ... that ‘on 8 February 1979, MK Retnam Holdings Sdn Bhd was not issued with a developer’s licence’ and consequently, the developer could not advertise the sale of houses without an advertisement permit. The charge was presented for registration on 8 February 1979."

    10. Re A & B (Minors) [HCM]

      • File size: 25kb

      • Matter: "I was mindful that the girls require a woman to grow up with considering their age, but the mother is a woman who has pursued her own interest and career to the detriment of her children and it does not appear that she would change to accommodate the growing needs of her children."

    11. Realvest Properties Sdn Bhd v Co-operative Central Bank Ltd [FCM]

      • File size: 39kb

      • Matter: "It was submitted ... that such default interest so calculated in pursuance of the said cl 3.2 and as shown in the manner aforesaid was caught by s 75 of the Contracts Act 1950 and was a penalty and therefore irrecoverable."

    12. Tan v Tee [FCM]

      • File size: 48kb

      • Matter: "the document of title of the second title holder is void against that of the first title holder ... [I]t ... is void also as a document of title to land, and therefore against the first title holder also, because the lot could not be alienated by the state authority, since it was no longer State land."

    13. How v Board of Employees' Provident Fund [FCM]

      • File size: 26kb

      • Matter: "the appellant instituted an action ... seeking a declaration that the EPF nomination in favour of the deceased’s daughter was null and void on the ground that the nomination did not comply with the provisions of the Wills Act 1959, and that the will should take precedence."

    14. Sungai Gelugor Multipurpose Co-op with liability Bhd v Penang Municipal Council [CAM]

      • File size: 162kb

      • Matter: "Compelling arguments have been made to us by counsel for both parties on whether or not a decision made by the respondent could and should be subject to judicial review."

    15. YPJE Consultancy Service Sdn Bhd v Heller Factoring (M) Sdn Bhd [CAM]

      • File size: 49kb

      • Matter: "And in this appeal, the notice of demand [for winding-up] showed that the total principal amount owing far exceeded the quantum of RM500. Applying the reasoning in the cases from Australia, ..., I am of the view that the points raised could not be sustained."
bullet

Part 3

  • Case No.:

    1. Chua v Deputy Home Minister [HCM]

      • File size: 28kb

      • Matter: "... whether the respective detention orders [issued under s 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969] show that the Minister had acted mechanically or arbitrarily without applying his mind."

    2. Y.S. Lim v Hummel International Sports & Leisure A-S [CAM]

      • File size: 99kb

      • Matter: "... High Court made an order ... ‘that the trade mark ‘HUMMEL’ is and was at all material times the property of the respondent; that the trade mark ‘HUMMEL’ under registration No M/91627 is an entry made in the register without sufficient cause and/or is an entry wrongfully remaining in the register;’ and ..."

    3. PP v Muhari Mohd Jani [HCM]

      • File size: 76kb

      • Matter: "... the two respondents [police officers], were ... charged ... for having voluntarily caused hurt to the deceased for the purpose of extorting ... information which might have led to the detection of the offence ... [T]he elder brother of the deceased filed a notice of motion ... for the High Court to, inter alia, revise the sentences that had been passed ..."

    4. T.B. Tay v Segar Oil Palm Estate Sdn Bhd [HCM]

      • File size: 117kb

      • Matter: "12 days before the completion date, the plaintiffs’ solicitors, Messrs Gan & Lim, wrote to the solicitors acting for the defendant informing the latter of the above revelation and stating that since the total of 17.68 acres was acquired land, the plaintiffs would only pay for the actual area on the ground."

    5. Kumpulan Jerai Sdn Bhd v National Union of Plantation Workers [HCM]

      • File size: 61kb

      • Matter: "The impugned award referred substantially to the purportedly unlawful decision to downgrade the four workers ... [W]hether the second respondent had jurisdiction to consider and take into account the downgrading issue in handing down the impugned award ..."

    6. C.K. Wee v C.M. Lee [CAM]

      • File size: 72kb

      • Matter: "whether the provisions of art 118 of the Federal Constitution preclude certiorari from going to quash the decision of an election judge."

    7. Luk Lamellan Und Kupplungsbau GmbH v South East Asia Clutch Industries Sdn Bhd [HCM]

      • File size: 63kb

      • Matter: "The letters forming the trade mark are the first letters of the words ‘Lamellen Und Kupplungsbau’ in the applicants’ name. The trade mark was first registered in Germany in 1954 and later in other countries where the applicants’ goods were sold ..."

    8. Megapillars Sdn Bhd v K.F. Loke [HCM]

      • File size: 44kb

      • Matter: "Before I consider the merit of the plaintiff’s application, it is first necessary for me to state in brief the accepted tests that are laid down in the various authorities and invariably applied in all applications to remove or to extend caveats which I am bound to follow."

    9. PP v Mustapha Abdullah [HCM]

      • File size: 20kb

      • Matter: "I called for the record of proceedings in this case under s 323 of the Criminal Procedure Code after reading in one of the newspapers that a bully had used a chain to cause hurt to a woman in respect of a trivial traffic matter ..."

    10. Honan Plantations Sdn Bhd v Johore [HCM]

      • File size: 87kb

      • Matter: "a declaration that the decision by the State Authority to acquire the land is null and void and of no effect"

    11. Paya Terubong Estates Sdn Bhd v Pusaka Warisan Sdn Bhd [CAM]

      • File size: 23kb

      • Matter: "She submitted that the caveat could not be permitted to remain on the register because the respondent had not timeously commenced proceedings for specific relief. Counsel also drew our attention to the fact that no action had been instituted even as at the date of hearing of this appeal."

    12. Prai Municipal Council v Tropiland Sdn Bhd [CAM]

      • File size: 61kb

      • Matter: "Under the law, the respondent could not lawfully commence building work ... without the approval of the appellant ... The approvals came with conditions. One of the conditions required the respondent to construct or upgrade a monsoon drain on the land adjoining ..."

    13. B.T. Ang v Pan Global Textile Bhd [CAM]

      • File size: 95kb

      • Matter: "He protested about his demotion. He wanted his old job back ... There was an exchange of correspondence between them. ... Eventually, ... the respondent wrote to the appellant terminating his services on the ground that he was no longer interested in working for the respondent ..."

    14. T.S. Tee v Public Prosecutor [HCM]

      • File size: 36kb

      • Matter: "... a special agent in the US Secret Service, became friendly with SP18, a Malaysian residing in New York, after he was informed by the New York City Police that SP18 had some counterfeit credit cards in his possession ..."

    15. Tengku Abdullah v Mohd Latiff [CAM]

      • File size: 233kb

      • Matter: "the preponderance of the shares ... [were] held by the first and second appellants ... This is an important consideration, for, as matters subsequently transpired, it is against these two gentlemen that charges of misconduct were primarily levelled."
bullet

Part 4

bullet

Part 5
bullet

Part 6
bullet

Part 7

[.... END OF 1996 ....]

all rights reserved

taiking.thing pte ltd