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Legal News

Trader charged with cheating grocery suppliers of RM45,000

Court orders Kayveas to pay RM170,000 for defamation

Taxi driver charged with drug trafficking

Anwar denies charges

Former prosecutor joins Anwar’s legal team

Three friends charged with kidnapping Nayati

Cop in graft case ordered to enter his defence

Thai national freed of firearms rap

NFCorp files summons against bank

Officer denies taking bribe

Two accused claim trial over attempted murder of daughter-in-law

Duo charged with injuring press photographer during Bersih 3.0 rally

Govt officer fined RM50,000 for graft

Guan Eng attacked Umno’s credibility, court told

327 counts of CBT, 109 cases

Date to meet Ling trial witnesses postponed

Police photographer at a loss over inconsistencies in evidence

Fisherman, 70, pleads guilty to raping minor

Mexican brothers among five found guilty of trafficking in RM44mil drugs

Mirza freed of graft charge

Judge freed of khalwat charge

Anwar seeks to strike out Nalla’s defence statement

French tourist died from head injury, murder trial told

Navy man told to enter defence over cheating

Judge freed of khalwat charge

Lawyer sues Bar Council over EGM

July 22 court date for farm hand accused of perjury

Ex-JPJ director freed of graft charge

Malaysian football star withdraws divorce application

2 years´ jail for soliciting RM2,000

Towards a more reformed construction industry

Cops almost done with killer dog probe

Ex-Mimos man denies graft charge

Leave granted in orang asli suit

Three years for ex-teller who took RM100,000

Nigerian student to hang for drug trafficking

Green light for local govt polls

Former welfare home caretaker jailed 6 years for causing death of autistic youth

Mother of six jailed five years for drugs

Bid to smuggle syabu RM1.2m thwarted

Teen mum who killed her newborn stays in jail

Man who beat autistic boy to death jailed

Ex-aide’s case to be heard in Sept

Hasbie Satar´s case set for hearing on Sept 25

Housewife fined for stealing child products

Car wash worker gets jail for robbing waiter

Motivator free from murder charge

Fisheries Act must be amended to protect sharks

Amnesty sees possible crimes against humanity by Syria

Msia to explore possibility of having Foreign Workers Act

Judge to lead Greece to fateful June 17 vote

Two Mexican generals detained for alleged drug gang ties

Mladic to stand trial on Bosnian war crimes

Thousands still to be tried in the Balkans for warcrimes

KFC to pay Australian family $8m damages

Five arrested in suspected bridge bombing plot near Cleveland

Iceland court gives mixed verdict on ex-PM guilt

Shooter of Florida teen Trayvon Martin pleads not guilty

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Case Highlights

BANKING
Banks and banking business - Recalling of loan - Banking facility subject to fulfilment of condition precedent - Whether compliance with condition precedent mandatory - Whether terms mutually agreed before signing of facility agreement - Whether recall of facility amounted to breach of contract or negligence
Pembinaan Suci Kesturi Sdn Bhd v. Malayan Banking Bhd
(Anantham Kasinather J) [2012] 3 CLJ 323

LAND LAW
Acquisition - Compensation - Compensation payable in land reference matters - Jurisdiction - Whether Judicial Commissioner sitting alone has jurisdiction to decide - Whether matter should be dealt with by Land Reference Court - Land Acquisition Act 1960, ss. 40(D)(3), 49
The Royal Selangor Golf Club v. Pentadbir Tanah Wilayah Persekutuan Kuala Lumpur
(Suriyadi Halim Omar, Jeffrey Tan, Abdul Wahab Patail JJCA) [2012] 3 CLJ 293

CASE OF THE WEEK

SUMATEC ENGINEERING AND CONSTRUCTION SDN BHD v. MALAYSIAN REFINING COMPANY SDN BHD
FEDERAL COURT, PUTRAJAYA
ARIFIN ZAKARIA CJ, HASHIM YUSOFF FCJ, ABDULL HAMID EMBONG FCJ
[CIVIL APPEAL NO: 02 (i)-27-2011 (W)]
29 FEBRUARY 2012

CONTRACT: Performance bonds - Beneficiary's right - Call on bond - Whether unconscionable conduct entitled court to restrain beneficiary from calling on or demanding and receiving monies under bank guarantee or performance bond - Court to consider claim on case to case basis - Whether unconscionability proven

BANKING: Guarantee - Bank guarantee - Demand on guarantee - Whether unconscionable conduct entitled court to restrain beneficiary from calling on or demanding and receiving monies under bank guarantee or performance bond - Court to consider claim on case to case basis - Whether unconscionability proven

CIVIL PROCEDURE: Injunction - Demand for payment of bank guarantee - Injunction to restrain respondent from calling upon bank guarantee - Whether unconscionability proven to maintain injunction granted - Whether there were reasons to justify interference with appellate judges' exercise of discretion to set aside injunction - Balance of convenience - Whether favoured refusal of injunction

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