Part 1

• Case No.

  1. Mayor of Kuala Lumpur v Zain Azahari [CAM]

     • File size: 91kb

     • Matter: "The Mayor of Kuala Lumpur has appealed to this court to reverse an order of certiorari issued by the High Court quashing a building approval given by him."

  2. Federal Lands Development Authority v Tenaga Nasional Bhd [HCM]

     • File size: 44kb

     • Matter: "The plaintiff claims that all the five fires started in a strip of land which at the relevant time belonged to the National Electicity Board."

  3. H.S. Ang v Y.K. Yim [FCM]

     • File size: 68kb

     • Matter: ".... it was the appellant’s case that the option to purchase the orchard .... had been exercised .... but during his lifetime, the deceased Mr. Chan — and now his widow .... as the personal representative .... — had neglected and refused to honour the agreement."

  4. Adnan Mat Jidin v Irwan Wee [CAM]

     • File size: 27kb

     • Matter: "The plaintiffs brought an action claiming that the accident had been caused by the negligence of the first defendant. They also sought to make the second defendant vicariously liable ...."

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

     • File size: 119kb

     • Matter: "It is clear from these averments that the essence of the appellant’s pleaded case in the court below was that the respondent had acquired its title to the land on the strength of a forged instrument of transfer."

  6. K.C. Woon v HR Hochstadt HCM]

     • File size: 36kb

     • Matter: "The plaintiff was a professional jockey .... At an enquiry .... he was found guilty of not running the horse on its merits and was duly disqualified from riding as a jockey for a period of five years ...."

  7. Malaysian National Insurance Sdn Bhd v T. Lim [SCM]

     • File size: 81kb

     • Matter: "The sole question for decision .... concerns the extent of the liability of the .... insurers against third party risks who had issued a compulsory motor insurance policy in a direct action brought against them by the respondent, an injured third party."

  8. Pahang Sultanate v Sathask Realty Sdn Bhd [CAM]

     • File size: 92kb

     • Matter: "Only two submissions .... [T]his court could not reverse the decisions of the Privy Council and therefore South East Asia Fire Bricks Sdn Bhd v Non-Metallic Mineral Products Manufacturers Employees Union [1980] 2 MLJ 165 was still binding on us and Sykt Kenderaan Melayu Kelantan Bhd v Transport Workers’ Union [1995] 2 MLJ 317 should be ignored as being ultra vires."

  9. Y.H. Yai v M.S. Lim [CAM]

     • File size: 78kb

     • Matter: ".... we are unable to agree with the view of the learned judge that the minority shareholders can be ignored in a company, be it a quasi-partnership company or not."

  10. Kathiravelu v Kojasa Holdings Bhd [SCM]

      • File size: 53kb

      • Matter: ".... respondent wrote to the appellant requesting him to resign because he had allegedly performed unsatisfactory work. The appellant, considering himself to have been wrongfully dismissed, complained to the Director General of Industrial Relations."

  11. Yukilon Manufacturing Sdn Bhd v G.M. Wong [HCM]

      • File size: 32kb

      • Matter: "It was the brunt of the argument that Messrs Gan & Lim was not lawfully authorized to appear in these proceedings for the plaintiffs as the company’s resolution for their appointment was not exhibited."

  12. YK Fung Securities Sdn Bhd v James Capel (Far East) Ltd [CAM]

      • File size: 264kb

      • Matter: "The defendant’s counsel strove to submit that these contracts were made in Singapore because the transactions between the plaintiff and defendant started with a telephone call from Singapore by Lau offering to sell these shares to the defendant and the defendant accepting this offer in Ipoh."

  13. Morgan v Hussein [CAM]

      • File size: 22kb

      • Matter: "Eventually by an order ..., the Deputy Minister for Home Affairs, purportedly acting under s 4(1) of the [Emergency (Public Order and Prevention of Crime) Ordinance 1969], ordered the appellant to be detained for a period of two years."

  14. Khoo v Mayor of Kuala Lumpur [CAM]

      • File size: 33kb

      • Matter: "this court was moved on an urgent basis for a stay of an order made by .... the Mayor ..., rescinding a stop work order issued by him .... We heard and dismissed the application .... — in view of the nature of the case — came to the conclusion that an early and expedited hearing of the appeal proper would be the most appropriate"

  15. Re Gun Soon Thing [HCM]

      • File size: 39kb

      • Matter: "applicant, .... seeks a declaration that his father .... who has not been heard of for seven years by those who would naturally have heard of him if he had been alive, be presumed dead."

Part 2

• Case No.:

  1. Mohd Ahmad v Jempol District Council [FCM]

     • File size: 41kb

     • Matter: "looking at the statement of claim, nowhere does it refer to the word ‘reinstatement’; ... the declaratory relief sought, ... that the plaintiff ‘is still’ a market supervisor and for the consequential relief as to salary, damages, etc."

  2. Sarawak Shell Bhd v PPES Oil & Gas Sdn Bhd [CAM]

     • File size: 43kb

     • Matter: "Its subject matter is of some importance to the independence and inviolability of arbitrations conducted in the Regional Centre for Arbitration at Kuala Lumpur under the United Nations Commission on International Trade Law Arbitration Rules 1976 and the Rules of the Centre"

  3. Thavanathan v PP [SCM]

     • File size: 85kb

     • Matter: "Whether it is open to a second appellate court to analyse, comment and take into account the evidence adduced on a charge of which an accused person had been acquitted to support his conviction on a second remaining charge."

  4. PP v S.Y. Ting [HCSS]

     • File size: 38kb

     • Matter: "PW3 only stated that he led a police party to conduct a gambling raid at Ah Seng Motor Workshop. There is no evidence that he received written information before the raid that Ah Seng Motor Workshop was kept or used as a common gaming house."

  5. Creative Purpose Sdn Bhd v Integrated Trans Corp Sdn Bhd [HCM]

     • File size: 94kb

     • Matter: "the second plaintiff first published for sale and distribution in Malaysia the software program called ‘MEP 3’. This particular software was never published in Singapore or elsewhere. The second plaintiff subsequently allowed the first plaintiff to improve on the MEP 3 program ..."

  6. Re Ramanathan [HCM]

     • File size: 55kb

     • Matter: "before a grant of administration (with will) de bonis non can be made, it must be established that there is no chain of executorship and all executors named in the will of the deceased must have been cleared off (including any to whom power was reserved), ie by reciting their death or renunciation."

  7. T.K. Lim v Teresa Lim [HCM]

     • File size: 55kb

     • Matter: "According to Mr. Balwant Singh Sidhu, s 56 of the Law Reform (Marriage and Divorce) Act 1976 provides for such agreement or arrangement [deed of seperation] to be referred to the court to express an opinion as to the reasonableness ..., and to give such directions, ..."

  8. The Topps Co Inc v Mally Jaya Sdn Bhd [HCM]

     • File size: 23kb

     • Matter: "an ex parte trade description order was obtained by the applicant pursuant to s 16 of the Trade Descriptions Act 1972, to the effect that the trade mark ‘Push Pop’ used in relation to sweets and/or candies or similar products that were not manufactured or distributed by the applicant shall be deemed to be a false trade description."

  9. L.H. Lee v Yusuf Khan [CAM]

     • File size: 49kb

     • Matter: "This appeal arises from the decision of the High Court finding the appellant guilty of contempt for the breach of an injunction and sentencing him to one month’s imprisonment."

  10. Lebbey Sdn Bhd v W.L. Chong [HCM]

      • File size: 25kb

      • Matter: "It was submitted that although the defendants had entered upon the land in 1981 without the consent or licence, and the land was state land, the defendants had peaceful enjoyment and occupation of the land without interference of the state authorities. In fact, many of the defendants in occupation of the land had access to piped water, electricity and even a surau. Indeed, after a fire in 1991, the district offficer allowed the affected defendants to rebuild their houses. At election time politicians came and promised that they would be given temporary occupation licence."

  11. S.C. Wu v Raja Zainal Abidin [CAM]

      • File size: 91kb

      • Matter: "In the course of the hearing of the appeal, the court indicated to Mr. Cecil Abraham that he would have to get over the hurdles of the judgment of the Court of Appeal in Luggage Distributors (M) Sdn Bhd v Tan Hor Teng [1995] 1 MLJ 719 in which my learned brother Gopal Sri Ram JCA propounded the three-stage approach to be adopted by a court in the hearing of an application by an aggrieved person under s 327(1) of the Code for the removal of a private caveat."

  12. Co-operative Central Bank Ltd v Feyen Development Sdn Bhd [FCM]

      • File size: 114kb

      • Matter: "... it is difficult to see how the criticism that this application ... although couched in terms of a prayer for ‘clarification and rectification’ of our judgment in Feyen, is really a facade for inviting us to revisit Feyen and to reverse it ... can be rebutted."

  13. OCBC Bank (M) Bhd v Kredin Sdn Bhd [CAM]

      • File size: 49kb

      • Matter: "In this appeal before us, despite a well reasoned judgment, we could not, having carefully considered the arguments  canvassed before us, agree with the learned trial judge who held that the doctrine was not applicable."

  14. Kimlin Housing Development Sdn Bhd v Bank Bumiputra (M) Bhd [SCM]

      • File size: 80kb

      • Matter: "the Receivers and Managers — recognizing that there was no express provision in the Debenture appointing them as attorneys of the Borrower Company and being desirous of selling the lands without resorting to proceedings under the Code to obtain a judicial sale — chose to apply to the High Court ... ‘for leave to sell the lands’."

  15. Raju Jayaraman Kerpaya v Chung Khiaw Bank Ltd [CAM]

      • File size: 24kb

      • Matter: "One of the arguments raised by Hipparion in support of its appeal was that for the purposes of s 4(3) of the Civil Law Act 1956, the deed of assignment was not absolute, but by way of charge only."

Part 3

• Case No.:

  1. Syed Kechik v Board of Trustees of the Sabah Foundation [CAM]

     • File size: 48kb

     • Matter: "The applications to strike out both actions came on for hearing before Ian Chin J ... In a reserved judgment delivered with commendable speed ... the learned judge dismissed both applications ..."

  2. K.P. Ho v S.N. Fam [CAM]

     • File size: 83kb

     • Matter: "... whether the fax sent ... constituted an unqualified ‘offer’ from the respondent’s authorized agent, which the appellant was at liberty to ‘accept’ so that an enforceable contract would immediately have come into being ..."

  3. W.W. Kam v Mohd Abdul Jalil [HCM]

     • File size: 32kb

     • Matter: "Assessing the defendants to have no other assets besides their entitlement to the land or the proceeds therefrom, and verily believing that the defendants would take steps to dissipate or diminish their portion of the proceeds of sale, the plaintiffs are seeking this Mareva injunction to secure satisfaction on damages, if they succeed in this defamation suit ..."

  4. M.K. Len v United Malayan Banking Corp Bhd [CAM]

     • File size: 86kb

     • Matter: "They were sued by the respondent as guarantors ... All the appellants resisted the action ... [T]hat the guarantees to which they were parties were invalid because one Soh ... who, ... was a director of the company ... did not also execute the guarantees."

  5. Sugumar v Director of Immigration of Sabah [HCSS]

     • File size: 119kb

     • Matter: "... the term ‘state authority’ means either the person who is then the Chief Minister of Sabah or someone (holding office in the state) whom the Chief Minister had designated. The Chief Minister, it will be recalled, had designated Mr. Ghulam."

  6. Vijayalakshmi v Danapakia [CAM]

     • File size: 46kb

     • Matter: "The only issue with which a court is concerned in deciding whether a caveat should remain is whether there is a serious issue to be tried. It should not go further and with finality decide the issues in the civil suit which are pending trial."

  7. Muhammed Hassan v PP [FCM]

     • File size: 78kb

     • Matter: "... we did not consider that the prosecution was precluded from calling PW3, the chemist (the maker) to prove its case in the ordinary way solely because it had served a copy of the report on the accused prior to the commencement of the trial ..."

  8. Anwar Abdul Rahim v Bayer (M) Sdn Bhd [CAM]

     • File size: 36kb

     • Matter: "the proper approach in deciding whether constructive dismissal has taken place is not to ask oneself whether the employer’s conduct was unfair or unreasonable but whether ‘the conduct of the employer was such that the employer was guilty of a breach going to the root of the contract ..."

  9. Mohd Said Samad v PP [FCM]

     • File size: 24kb

     • Matter: "learned counsel for the appellant submitted, firstly, that the learned trial judge, at the close of the case for the prosecution, had failed to consider the elements of possession and knowledge ..."

  10. Thilagavathy v Meng Sing Glass Sdn Bhd [HCM]

      • File size: 40kb

      • Matter: "the applicant applies to this court for an order of certiorari to quash the said award and also for an order of mandamus to direct the second respondent to make the award of back wages to the applicant to be calculated from the date of her dismissal ..."

  11. S.N. Loh v American International Assurance Co Ltd [CAM]

      • File size: 44kb

      • Matter: "We could only conclude that there is as yet no contract of insurance between the deceased and the respondent on the date of the deceased’s death."

  12. M. Nithyananthan v B.C. Soong [CAM]

      • File size: 33kb

      • Matter: "we were satisfied that the court below was mistaken in its application of equitable principles and consequently erred in declining or refusing to order specific performance of the agreement."

  13. P.K. Low v K.K. Tan [HCM]

      • File size: 33kb

      • Matter: "the question of guardianship is one only between the father and the mother. No other party is involved. Guardianship goes either to the father or the mother. Further, what has arisen is only a question of law, not of the merits of the father or mother as a guardian."

  14. Majujaya Holdings Sdn Bhd v Pens-Transteel Sdn Bhd [CAM]

      • File size: 93kb

      • Matter: "... whether the directors of the company could unilaterally amend the company’s register by way of purported rectification. He boldly submitted that the Board of Directors of a company had a discretion ..."

  15. K.K. Chow v PP [FCM]

      • File size: 46kb

      • Matter: "Being satisfied that at the time of his arrest the Appellant had in his custody and under his control the bag which contained heroin, the Judge ruled that the prosecution had successfully invoked the presumption of possession under s 37(d) of the Act ..."

Part 4

• Case No.:

  1. Nik Mahmud v Bank Islam Malaysia Bhd [CAM]

     • File size: 50kb

     • Matter: "The second issue was that the execution of the ... agreement and the charge documents amounted to a colourable exercise to defeat ... the Malay Reservations Enactment 1930 of Kelantan and the National Land Code 1965 ..."

  2. H&R Johnson Tiles Ltd v H&R Johnson (M) Bhd [HCM]

     • File size: 123kb

     • Matter: "The dispute revolves over the rights to use the names H & R Johnson and Johnson (‘the trade marks’) and the ‘Tile-on-Tile’ Logo (‘the logo’) in relation to ceramic tiles in Malaysia"

  3. Standard Chartered Bank v N.T. Tiong [HCM]

     • File size: 40kb

     • Matter: "respondent issued a summons ... against the appellant, the successor in title of the Chartered Bank of India, Australia and China, claiming ... a sum of RM10,000, all interest accrued thereon from 17 September 1955 to date of payment ..."

  4. L.H. Lee v Yusuf Khan [CAM]

     • File size: 49kb

     • Matter: "the learned judge found the appellant guilty of contempt for having breached the terms of the injunction. He sentenced the appellant to serve a month in prison. The appellant appealed ..."

  5. Tropiland Sdn Bhd v Penang Municipal Council [CAM]

     • File size: 38kb

     • Matter: "the appellant had raised the point of the validity of retrospective rating. The assessment was in 1990 but involved two valuation lists, the first commencing on 1 January 1982 to 31 December 1986 and the second commencing on 1 January 1987 to 31 December 1991 ..."

  6. Penang Development Corporation v Trikkon Construction Sdn Bhd [CAM]

     • File size: 70kb

     • Matter: "whether the High Court had the jurisdiction to revoke the appointment of an arbitrator and to name another in his place."

  7. T.F. Chu v PP [CAM]

     • File size: 72kb

     • Matter: "the rejection by the trial court of the defence of duress was the cavalier attitude with which the appellant viewed any attempt on his part to escape from the duress ... at the two hotels in Bangkok and the belated manner in which the appellant explained in cross-examination why he did not try to escape ..."

  8. L.H. Chew v N.H. Aw [CAM]

     • File size: 35kb

     • Matter: "Can a spouse who has not applied for ancillary relief before a divorce decree is made absolute, make such an application at an indefinite time thereafter? If so, can she do it without obtaining the leave of the court?"

  9. Bank Pembangunan (M) Bhd v Limpo Sdn Bhd [HCM]

     • File size: 34kb

     • Matter: "Both counsel agreed that a proper demand is a sine qua non. But both differed as to whether a demand should be for the precise amount outstanding to constitute proper demand."

  10. Ramal Properties Sdn Bhd v East West - Umi Insurance Sdn Bhd [HCM]

      • File size: 57kb

      • Matter: "it is crystal clear that the merits of the plaintiff’s claim were never considered and decided upon by the court in the earlier suit and that there was never a final decision in respect of the merits of the plaintiff’s case against the defendant."

  11. Accounting Publications Sdn Bhd v Ho Soo Furniture Sdn Bhd [CAM]

      • File size: 58kb

      • Matter: "... the judicial commissioner proceeded at length to investigate the merits of the contest between the parties in order to determine whether there was a dispute that fell within the arbitration clause. In so doing, she exceeded the role assigned her when dealing with an application for a stay of proceedings ..."

  12. Mohd Ahmad v Governor of Jempol District Council [FCM]

      • File size: 41kb

      • Matter: "The complaint against the supervisor was that he had been absent without leave from 12–17 September 1984, and after some correspondence and enquiry between the parties, the supervisor was ultimately dismissed, whereupon the supervisor launched the civil suit concerned herein"

  13. 

      • File size: kb

      • Matter: ""

  14. Dr Shanmuganathan v Periasamy [FCM]

      • File size: 113kb

      • Matter: "With respect the learned trial judge ought to have accepted the expert evidence of Dr Julius Grant that the signature in the will is not the signature of the deceased."

  15. C.Y. Tan v Emperee Sdn Bhd [HCM]

      • File size: 67kb

      • Matter: "The defendants contended that illegality need not be specifically pleaded but that once brought to the attention of the court, the issue of illegality needs investigation. They relied on ... Lim Kar Bee v Duofortis Properties (M) Sdn Bhd [1992] 2 MLJ 281."

Part 5

• Case No.:

  1. Schmidt Scientific Sdn Bhd v H.S. Ong [HCM]

     • File size: 68kb

     • Matter: "In the contract of employment between the plaintiff and the second and fourth defendants, there was a fidelity clause"

  2. Creative Purpose Sdn Bhd v Integrated Trans Corp Sdn Bhd [HCM]

     • File size: 92kb

     • Matter: "The second plaintiff subsequently allowed the first plaintiff to improve on the MEP 3 program, such that each improved version appeared as a new and upgraded version of MEP 3."

  3. P.H. Chor v Farlim Properties Sdn Bhd [FCM]

     • File size: 35kb

     • Matter: "The application for the removal of the caveat originated from an agreement dated 4 January 1943 "

  4. Min for Human Resources v National Union of Hotel, Bar and Restaurant Workers [CAM]

     • File size: 31kb

     • Matter: "The Union wanted to represent, in collective bargaining, such of its members who were employed by the Hotel in order to negotiate and conclude the terms and conditions of their employment ..."

  5. Service Master (M) Sdn Bhd v MHL Service Master Sdn Bhd [HCM]

     • File size: 74kb

     • Matter: "plaintiff filed a writ ... against the first defendant for passing off in respect of the use of the ‘Service Master’ trade name ..."

  6. Segar Oil Palm Estate Sdn Bhd v T.B. Tay [CAM]

     • File size: 37kb

     • Matter: "However, at the time of the visit, the vendors’ agents are said to have actively represented to the purchasers that the fixtures were in fact outside the land."

  7. Thavanathan v PP [SCM]

     • File size: 81kb

     • Matter: "Whether it is open to a second appellate court to analyse, comment and take into account the evidence adduced on a charge of which an accused person had been acquitted to support his conviction on a second remaining charge."

  8. Perdana Merchant Bankers Bhd v Liquidators of Campall Industries Bhd [HCM]

     • File size: 122kb

     • Matter: "it was said that Perdana’s conduct can be construed as vindictive, malicious, harassment and interference in the discharge of Ng’s duties as the court-appointed liquidator."

  9. PP v C.W. Shee [HCM]

     • File size: 62kb

     • Matter: "The accused therefore was asked to open the boot and in the spare tyre compartment was a plastic bag, later confirmed to contain cannabis, as defined under the Dangerous Drugs Act 1952."

  10. Railway Assets Corp v Elmspark Holdings [CAM]

      • File size: 51kb

      • Matter: "KTMB under the erroneous assumption that it owned the subject property leased it to the first respondent for eight years and seven months. There was no formal lease drawn up and executed."

  11. Rachel M.L. Ong v Almeida [HCM]

      • File size: 45kb

      • Matter: "application against the defendant to have the defendant removed ... as the executor/trustee of the deceased’s estate ..."

  12. G.C. Ang v T.Y. Wong [HCM]

      • File size: 36kb

      • Matter: "The affidavit and the petition of the petitioner, which at this juncture I must presume to be true, tell the story of a battered wife who had to go through hellish moments ..."

  13. Sunrise & Co Pte Ltd v Marco Shoe Sdn Bhd [HCM]

      • File size: 60kb

      • Matter: "I am satisfied, ... that the defendant had clearly breached the terms of the settlement agreement and that the defendant had unilaterally set the deadline of 17 June 1994 for the plaintiffs to effect the two payments. "

  14. E.K. Chuah v Malayan Banking Bhd [CAM]

      • File size: 51kb

      • Matter: "... a declaration that he was entitled to require (‘the bank’) to return the title deed to a house and land (‘the borrower’) had bought ..., upon payment of the full amount of a judgment, interest and costs ..."

  15. Mohd Fariq Subramaniam v Naza Motor Trading Sdn Bhd [HCM]

      • File size: 33kb

      • Matter: "The essence of the agreement, in my view, is not the sale of the taxi; it is the appointment of the plaintiff as a taxi driver."

Part 6

• Case No.:

  1. Sri Damansara Sdn Bhd v A.K. Lim [HCM]

     • File size: 39kb

     • Matter: "both parties further agreed that, if vacant possession is without electricity and water supply, then the respondent has no case and the court below should not award any damages at all ..."

  2. Co-operative Central Bank Ltd v Y & W Development Sdn Bhd [CAM]

     • File size: 18kb

     • Matter: "He found ... that the loan amount was disbursed well before the creation of the charge. Applying principles governing ... creditor and surety, he held the consideration to be past. He thought that just like a guarantee is void where consideration is past, so too a charge."

  3. PP v Misbah Saat [HCM]

     • File size: 83kb

     • Matter: "this application for revision, if allowed, is to have the case remitted back ... for the sessions court judge to set aside the plea of guilty pleaded by the accused, and ... to determine whether the accused was insane ..."

  4. Bandar Utama City Sdn Bhd v DGIR [HCM]

     • File size: 40kb

     • Matter: "in the light of the applicants’ appeals to the Special Commissioners, the applicants required the reasons and the basis which the respondent is legally bound to provide to the applicants under s 140(5) and also pursuant to the rules of natural justice."

  5. Chandra Sri Ram v Hiebert [HCM]

     • File size: 126kb

     • Matter: "I have ... granted leave to the applicant to apply for an order that the respondent be committed to prison for his several contempts of this court in publishing in the issue of the ‘Far Eastern Economic Review’"

  6. UOB Ltd v DGIR [HCM]

     • File size: 27kb

     • Matter: "The schedule to the 1968 Order contains the agreement between the two governments for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income with a view to affording relief from double taxation in respect of taxpayers from both countries."

  7. Progressive Insurance Sdn Bhd v Gaya Underwriting Services Sdn Bhd [CAM]

     • File size: 27kb

     • Matter: "Gaya successfully obtained an order ... from the High Court setting aside the award on the ground that the arbitrator was guilty of misconduct. We allowed the appeal, set aside the High Court order and restored the award."

  8. Manilal & Sons (M) Sdn Bhd v Kulim Land Administrator [CAM]

     • File size: 121kb

     • Matter: "With such a lien over the lands, can the second respondent apply to have the lands registered into her name? This must depend on the manner in which she had acquired her proprietary interest over the lands as opposed to a mere registrable interest."

  9. Oshodi v PP [CAM]

     • File size: 64kb

     • Matter: "... [he] said that he did not know that the foreign bodies he swallowed in Bangkok contained heroin. If he had known, he would not have swallowed them. He had swallowed the pellets ... in the belief that he was swallowing pellets containing raw gold."

  10. MBf Capital Bhd v Param Cumaraswamy [HCM]

      • File size: 66kb

      • Matter: "The defendant’s claim that immunity [against defamation claim] attached to him and that therefore this court had no jurisdiction as against him in the writ, would necessitate a brief on the position of a United Nations Special Rapporteur."

  11. S Subramaniam v Inderjit Kaur [HCM]

      • File size: 35kb

      • Matter: "This application ... raises the question as to whether a co-proprietor of a piece of land, who is the holder of the majority share in the land, can apply to the court for the partition of the land pursuant to sub-s (1)(a) of s 145 of the National Land Code 1965."

  12. G.L. Lim v East West UMI Insurance Bhd [FCM]

      • File size: 26kb

      • Matter: "an appeal from the judgment of KC Vohrah J ... dismissing an appeal against the decision of the Sessions Court, ... dismissing the plaintiff’s claim ... for permanent disability s... under a personal accident policy of insurance"

  13. Imbi World Sdn Bhd v Deluxe Tours Sdn Bhd [CAM]

      • File size: 47kb

      • Matter: "The supporting documentary evidence certainly indicate that it was a monthly tenancy and the respondent was certainly holding over after the expiry of the notice to quit."

  14. Bank of Commerce (M) Bhd v Mahajaya Property Sdn Bhd [HCM]

      • File size: 74kb

      • Matter: "whether the deed of assignment executed ... between Sepakat Tinggi Sdn Bhd and Bank of Commerce (M) Bhd is absolute within the meaning of s 4(3) of the Civil Law Act 1956."

  15. Abdul Manaf Mohd v Nusantara Timur Sdn Bhd [CAM]

      • File size: 33kb

      • Matter: "we consider the second loan to be a transaction caught by s 67 of the Companies Act 1965 as Seri Naga was indirectly providing financial assistance in the purchase of its own shares."

Part 7

• Case No.:

  1. M. Kayveas v P.V. Das [CAM]

     • File size: 37kb

     • Matter: "respondent filed a writ of summons and a statement of claim ... praying for an order that he be declared the lawful President of the Peoples’ Progressive Party of Malaysia ..."

  2. Repco Holdings Bhd v PP [HCM]

     • File size: 46kb

     • Matter: "before the sessions court, counsel for Repco took the point that the two ladies I mentioned earlier had no locus standi to conduct the prosecution ... It was argued that s 126(2) of the SIA and s 39(2) of the SCA were ultra vires art 145(3) of the Federal Constitution ..."

  3. Jaafar Shaari v L.E. Tan [SCM]

     • File size: 72kb

     • Matter: "Order 28 r 16 ... regulate the order of speeches when an action comes up for hearing in the ordinary way in the absence of any contrary or other directions from the court and provide that where the defence elects not to adduce evidence ..."

  4. PP v Mohd Ali Jaafar [HCM]

     • File size: 59kb

     • Matter: "it is my view that the learned sessions court judge erred in law in disallowing the evidence that the prosecution sought to adduce in evidence and, I therefore quash the order."

  5. B v K [CAM]

     • File size: 99kb

     • Matter: "A very grim picture was painted of B, and the learned judge made an interim ex parte injunction which restrained B from taking the children out of the jurisdiction ... The learned judge also directed the summons in chambers to be served inter partes ..."

  6. L.K. Lim v Mabel B.H. Goh [HCM]

     • File size: 32kb

     • Matter: "must this court protect the rights of the respondents as beneficiaries or give preference to the interveners as purchasers of the land on the strength of the sale and purchase agreement dated 7 September 1993?"

  7. Param Cumaraswamy v MBf Capital Bhd [CAM]

     • File size: 106kb

     • Matter: "It is submitted that the learned judicial commissioner erred in postponing her determination of the defendant’s immunity until the trial of the action. Her decision in this respect, the defendant argues, goes against the weight of authority."

  8. N v C [HCM]

     • File size: 20kb

     • Matter: "The only matrimonial assets claimed by the petitioner is house No 40. This is a dwelling house purchased on 16 September 1979. It was registered in the names of two persons in equal share – the respondent and his mother."

  9. Director General of Environmental Quality v Kajing Tubek [CAM]

     • File size: 157kb

     • Matter: "Although ownership of the land [for the hydroelectric project] is by law vested in the State of Sarawak, about 10,000 natives are in occupation of it under customary rights. The respondents are three such natives ..."

  10. Re Osman Bachit [HCM]

      • File size: 26kb

      • Matter: "Although a person who has not been heard of for seven years is presumed to be dead, there is no presumption as to the time of his death under s 108. If it is sought to establish the precise period at which a person died then it must be done so by actual evidence ..."

  11. Larut Consolidated Bhd v E.B. Khoo [HCM]

      • File size: 92kb

      • Matter: "The main cause of action against the defendants is grounded in the tort of conspiracy to defraud the plaintiffs, thereby causing loss and damage to the plaintiffs."

  12. Board of Trustees of the Sabah Foundation v Syed Kechik [HCSS]

      • File size: 59kb

      • Matter: "whether the plaintiffs’ solicitors should have seen the deputy registrar or the senior judge when their letters met with no response, instead of sitting back doing nothing for about nine years and just writing those perfunctory letters."

  13. L.T. Tan v Sarjana Sdn Bhd [HCM]

      • File size: 129kb

      • Matter: "The preponderant issue for adjudication in this case is the validity of a subscription for shares made in a company pursuant to the company itself providing financial assistance for the transaction in contravention of s 67 of the Companies Act 1965."

  14. Holee Holdings (M) Sdn Bhd v H. Chai [HCM]

      • File size: 242kb

      • Matter: "The substantial question raised in this case is the liability of a purchaser of immovable property at a public auction held pursuant to an order of court under s 256(3) of the National Land Code 1965 to persons claiming to be in occupation of the property with an equity."

  15. Barkath Ali v Anwar Kabir [HCM]

      • File size: 70kb

      • Matter: "This is an application ... to ‘determine’ whether the assets in Malaysia and Singapore of the plaintiff’s mother, an Indian national domiciled in India, ... form the subject matter of a valid and subsisting trust ..."