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CASE(S) OF THE WEEK

SYARIKAT KEMAJUAN TIMBERMINE SDN BHD v. KERAJAAN NEGERI KELANTAN DARUL NAIM
FEDERAL COURT, PUTRAJAYA
RAUS SHARIF PCA, ZULKEFLI MAKINUDIN CJ (MALAYA), SURIYADI HALIM OMAR FCJ, HASAN LAH FCJ, AZAHAR MOHAMED FCJ
[CIVIL APPEAL NO: 01(f)-5-02-2014(D)]
13 JANUARY 2015

CIVIL PROCEDURE: Appeal - Finding of facts - Whether Court of Appeal may reverse finding of facts where defendant had not called any evidence at trial

CIVIL PROCEDURE: Judgment - Res judicata - Senior Assistant Registrar’s order - Whether order was final judgment on merits - Whether order made in striking out proceeding was exhaustive determination of limitation issue

CIVIL PROCEDURE: Limitation - Contract - Waiver - Whether claim timebarred - Whether correspondence exchanged amounted to admission - Whether defendant’s representation or conduct during settlement negotiations amounted to waiver to defence of limitation

CIVIL PROCEDURE: Pleadings - Limitation - Whether failure to mention Limitation Act 1953 meant defence of limitation not properly pleaded - Whether sufficient to merely aver that claim time-barred - Limitation Act, 1953 s. 29

CONTRACT: Formation - Agreement - Without prejudice discussions - Whether could amount to settlement agreement - Burden on plaintiff to establish agreement - Plaintiff’s burden not absolved despite defendant not leading any evidence

EVIDENCE: Burden of proof - Whether plaintiff had proven its claims - Contract claim - Without prejudice discussions - Whether could amount to settlement agreement - Burden on plaintiff to establish agreement - Plaintiff’s burden not absolved despite defendant not leading any evidence

EVIDENCE: Presumptions - Adverse inference - Whether adverse inference may be invoked merely on account of failure to obtain evidence - Whether there was withholding or suppression of evidence - Whether oblique motive shown



AMINAH AHMAD v. ALI MOKHTAR HJ ABDUL RAHMAN
HIGH COURT MALAYA, PULAU PINANG
NORDIN HASSAN JC
[ORIGINATING SUMMONS NO: 24NCVC-534-06-2014]
21 JULY 2014

MENTAL DISORDERS AND TREATMENT: Inquiry - Medical reports - Whether showed that subject mentally disordered and incapable of managing himself and his affairs - Whether applicant made application for inquiry by court under s. 52(1) of Mental Health Act 2001 - Whether court could appoint committee in absence of finding that subject was mentally disordered person - Mental Health Act 2001, ss. 52(3), 56 & 58

WORDS & PHRASES: 'Mentally disordered person' - Meaning of - Mental Health Act 2001, s. 51 - Any person found by due course of law to be mentally disordered and incapable of managing himself and his affairs

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