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CLJ Bulletin, Issue 2016, Vol 30
28 July 2016


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New This Week

1. Case(s) of the Week

  1. AZMI MOHAMAD AZAM v. DIRECTOR OF JABATAN AGAMA ISLAM SARAWAK & ORS [2016] 6 CLJ 562

  2. YONG CHOO QUCK lwn. JOO SHING HARDWARE & ELECTRICAL SDN BHD [2016] 1 SMC 268

  3. HAZALI ISMAIL v. PP [2016] 1 LNS 377

2. Latest Cases

  1. Legal Network Series

  2. CLJ 2016 Volume 6 (Part 4)

3. Articles

  1. LNS Article(s)

4. Legislation Highlights

  1. Principal Acts

  2. Amending Acts

  3. PU(A)

  4. PU(B)

  5. Legislation Alert

Search Guide No. 6
Combination of exact phrase and any other words/phrases

Key in ONE exact phrase in the Search Term column.

Add quotation marks "x" before and after the phrase. Key in the other word(s) to be searched with each word separated by a space.

"Preliminary objection" commission secret speculation    will find all the cases containing the exact phrase and all the words somewhere in the text. The exact phrase and words may not necessarily be next to each other.



CASE(S) OF THE WEEK

AZMI MOHAMAD AZAM v. DIRECTOR OF JABATAN AGAMA ISLAM SARAWAK & ORS [2016] 6 CLJ 562
HIGH COURT SABAH & SARAWAK, KUCHING
YEW JEN KIE J
[JUDICIAL REVIEW NO: KCH-25-7-12-2014]
24 MARCH 2016

ADMINISTRATIVE LAW: Remedies - Mandamus - Applicant left Islam and embraced Christianity - Applicant applied to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Application for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Whether Director-General of National Registration Malaysia had basis to insisted on court order to effect amendment in applicant's identity card

CIVIL PROCEDURE: Jurisdiction - Syariah Court - Applicant left Islam and embraced Christianity and sought to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Applicant applied for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Director-General of National Registration Malaysia still insisted on letter of release from Islam and court order - Whether Syariah Court has jurisdiction to deal with apostasy matters - Whether Syariah Court has jurisdiction to issue certificate of release from Islam

WORDS & PHRASES: 'Professing' - Item 1 of List II of Ninth Schedule of Federal Constitution - Applicant left Islam and embraced Christianity - Applicant required to produce letter of release from Islam and court order - Jurisdiction of Syariah Court over persons `professing' religion of Islam - Whether applicant could be considered `professing' faith in Islam - Whether Syariah Court has jurisdiction to issue such order


YONG CHOO QUCK lwn. JOO SHING HARDWARE & ELECTRICAL SDN BHD [2016] 1 SMC 268
MAHKAMAH SESYEN, MELAKA
JAMALUDIN MAT HS
[GUAMAN SIVIL NO: A52NCVC-41-10-2014]
26 MAC 2015

PROSEDUR SIVIL: Penghakiman terus - Permohonan untuk - Tuntutan hutang untuk barangan yang dihantar serah - Sama ada terdapat kecacatan dalam afidavit sokongan permohonan - Sama ada kegagalan plaintif untuk mendeposkan bahawa defendan tidak mempunyai pembelaan terhadap tuntutan plaintif boleh dipulihkan - Sama ada kehendak A. 14 k. 2 Kaedah-Kaedah Mahkamah 2012 dipatuhi - Sama ada ketidakaturan telah diperbetulkan melalui afidavit tambahan - Sama ada defendan mempunyai pembelaan bermerit - Sama ada terdapat isu-isu untuk dibicarakan - Sama ada permohonan dibenarkan

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JUDICIAL QUOTES

HAZALI ISMAIL v. PP [2016] 1 LNS 377

[1] Issue: On the power of Magistrates and Sessions Court judges to expunge exhibits from the evidence in a criminal trial; and whether the learned Sessions Court judge herein could properly expunge from the evidence a police report (D3) lodged by a defence witness in relation to an arrest and release of suspects, after disbelieving the same and finding it not genuine based on testimonies of witnesses.

"Although a court has the power to expunge evidence at any stage of a criminal trial, that discretion has to be exercised judicially".

"A trial judge in a criminal case could only expunge evidence when it prejudices the accused's case or when the evidence is clearly irrelevant, but not on the premise that the trial judge does not believe it."

"An admitted evidence could be disallowed only if, (upon) strict rules of admissibility, (it) would operate unfairly against the accused. In this case, the admission of D3 and other defence's evidence did not operate unfairly against the accused. Instead, it was meant to support the defence case."

"The expungement of a disbelieved piece of defence's evidence just because the defence case had purportedly failed to prove it would be a misdirection by the trial judge, and it would surely have prejudiced the accused's defence. The appellant was convicted on wrongly rejected evidence, and in my opinion, a failure of justice had been occasioned" – Per Choo Kah Sing JC.

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LATEST CASES

Legal Network Series

[2015] 1 LNS 465

INIXIAL EYEWEAR SDN BHD lwn. CITYLABEL SDN. BHD & YANG LAIN

TORT: Dakwaan berniat jahat - Kausa tindakan yang munasabah - Tindakan guaman berasingan defendan berkenaan pertikaian cap dagangan - Pengeluaran perintah mahkamah menghalang plaintiff menggunakan cap dagangan yang dipertikaikan oleh defendan - Tekanan terhadap perniagaan plaintif akibat tindakan guaman defendan - Sama ada tindakan defendan bermotifkan niat jahat untuk menyusahkan dan mencederakan plaintif - Sama ada perintah yang telah dipohon oleh defendan memberi tekanan perniagaan kepada plaintif

[2015] 1 LNS 1076

KATHRYN MA WAI FONG (f) & ORS v. WTK REALTY SDN BHD & ORS

CIVIL PROCEDURE: Striking out - Action - Action taken by plaintiffs as directors of company and beneficiaries of estate of deceased director - Action premised upon ss. 63, 162 and 355 of Companies Act 1965 ('CA') - Allegation of absence of requisite locus to maintain and pursue action against company - Whether claim discloses reasonable cause of action - Whether plaintiffs are necessary parties to action - Whether plaintiffs have a direct interest in subject matter of action and outcome thereof - Whether plaintiffs are persons aggrieved within meaning of s. 162 of CA - Whether plaintiffs are interested persons within meaning of s. 355(3)(a) of CA - Rules of Court 2012, O. 18 r. 19(1)(a)

[2015] 1 LNS 1096

VARIA TENGGARA SDN BHD v. SEE SONG & SONS SDN BHD

EVIDENCE: Proof of - Misrepresentation - Misrepresentation about certain fact - Representation that the forward and middle masts had been confirmed cut to deck level - Denial of knowledge of that fact - Whether 'not knowing' was proof that there had been misrepresentation

TORT: Negligence - Damages - Claim for loss of use of vessel as a result of collision - Causation - Whether collision was beyond control of defendant - Whether plaintiff had conducted itself negligently and caused collision

TORT: Negligence - Res ipsa loquitur - Applicability of doctrine of res ipsa loquitur - Collision - Existence of material witnesses who could testify as to how accident occurred and as to cause of accident but were not called - Whether doctrine only applicable if causes of accident are unknown - Whether res ipsa loquitor could be relied upon by a party who chooses not to call relevant witnesses to testify as to cause of an accident

[2016] 1 LNS 88

PHANG TAT MENG T/A TAT MENG COMPANY v. REKA CIPTA SOLUSI SDN BHD & ORS

CIVIL PROCEDURE: Striking out - Action - Action to set aside consent judgment premised on fraud - Allegation that director who authorized execution of consent judgment was unfit to hold office as director by virtue of his bankruptcy - Attempt to re-litigate suit - Whether bankruptcy of a director had any bearing on validity of consent judgment – Whether s. 127 of Companies Act 1965 negated allegation of fraud in attempting to set aside consent judgment - Whether plaintiff's action sustainable - Whether plaintiff ought to be estopped from applying to set aside consent judgment in attempt to re-litgate suit

EVIDENCE: Affidavit - Admissibility of - Affidavit deposed by a bankrupt without sanction of official assignee - Whether affidavit deposed by a bankrupt acceptable - Evidence Act 1950, s. 118

[2016] 1 LNS 89

KAMALANATHAN ERULANDI PANDARAM v. RACKAYEE LETCHUMI E PANDARAM

CIVIL PROCEDURE: Reliefs - In interest of justice - Compensation in form of rental for loss of use and enjoyment of property - Order for rental not specifically pleaded - Whether court may order reliefs which has not been specifically pleaded as justice may require

LAND LAW: Transfer - Transfer by will - Validity - Right of an owner of half share of land to transfer - Whether owner of half share of land had an indefeasible title to his share of land - Whether owner of half share of land had right to transfer that half share to others

LAND LAW: Ownership - Dispute - Title to property - Dispute between co-owners of property - Allegation by plaintiff that property was owned by him and his late mother - Dispute as to transfer of shares in property by late mother to defendant by will - Will was declared to be valid - Whether defendant acquired title to half share of property previously owned by late mother by will - Whether property was owned by both plaintiff and defendant in equal shares

SUCCESSION: Will - Validity - Disposal of property by will - Undue influence - Whether there was element of undue influence and coercion - Whether testator was of sound mind and had communicated her wish to transfer her shares in land - Wills Act 1959 ss. 3 & 5


CLJ 2016 Volume 6 (Part 4)

COURT OF APPEAL

Abdul Aziz Jamal v. PP
Tengku Maimun Tuan Mat, Ahmadi Asnawi, Zamani A Rahim JJCA
(Criminal Procedure - Double presumption of possession and trafficking) [2016] 6 CLJ 485 [CA]

Gwee Tong Hiang v. Boo Cheng Hau
Abdul Aziz Abdul Rahim, Badariah Sahamid, Prasad Sandosham Abraham JJCA
(Tort - Defamation - Whether words which raise defamatory imputations against a group was actionable by individual members) [2016] 6 CLJ 494 [CA]

Othman Ali & Ors v. Bukit Lenang Development Sdn Bhd
Zaharah Ibrahim, Mohamad Ariff Yusof, Varghese George JJCA
(Tort; Civil Procedure - Trespass to land - Measure of damages) [2016] 6 CLJ 508 [CA]

Peter Ola Blomqvist v. Zavarco Plc & Ors And Other Appeals
Rohana Yusuf, Idrus Harun, Prasad Sandosham Abraham JJCA
(Civil Procedure - Jurisdiction - Proper forum to commence action) [2016] 6 CLJ 523 [CA]

Sreedevi Naidu T Sree Ramalu Naidu v. Eelasegeran T Nadarajah & Anor
Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Abdul Rahman Sebli JJCA
(Family Law - Matrimonial property - Whether there was evidence that husband had or was about to dissipate properties) [2016] 6 CLJ 538 [CA]

Sun Holding (Sun Park Hotel) Co Ltd & Ors v. Export-Import Bank Of Malaysia Bhd
Abdul Wahab Patail, Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid JJCA
(Banking; Evidence - Facilities - Claim for outstanding sums by bank) [2016] 6 CLJ 548 [CA]

HIGH COURT

Azmi Mohamad Azam v. Director of Jabatan Agama Islam Sarawak & Ors
Yew Jen Kie J
(Administrative Law; Civil Procedure; Words & Phrases - Jurisdiction - Whether Syariah Court has jurisdiction to issue certificate of release from Islam) [2016] 6 CLJ 562 [HC]

Bandar Utama City Corporation Sdn Bhd v. Datuk Bandar, Majlis Bandaraya Petaling Jaya
Hanipah Farikullah J
(Statutory Interpretation; Words & Phrases - Government Proceedings Act 1956) [2016] 6 CLJ 576 [HC]

Ganesan Subramaniam v. PP
Mohamad Shariff Abu Samah JC
(Criminal Procedure - Trial - Order of discharge not amounting to acquittal) [2016] 6 CLJ 588 [HC]

Misc Haulage Services Sdn Bhd & Anor v. Mohd Ali Awang & Ors
Lim Chong Fong JC
(Administrative Law; Labour Law - Dismissal - Misconduct) [2016] 6 CLJ 598 [HC]

Sambaga Valli KR Ponnusamy v. Datuk Bandar Kuala Lumpur & Ors
Azizul Azmi Adnan JC
(Civil Procedure; Damages - Assessment) [2016] 6 CLJ 610 [HC]

Wedding Galore Sdn Bhd v. Rasidah Ahmad
Amelia Tee Abdullah J
(Intellectual Property - Photographs taken from owner's Facebook without owner's approval and consent - Whether there was infringement) [2016] 6 CLJ 621 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial review - Certiorari - Application to quash award of Industrial Court allowing respondents' claim for backwages and compensation - Whether respondents' dismissal from employment harsh and unjust - Respondents punched cards of fellow workers who were not at work - Whether punch card misconduct a serious breach justifying summary dismissal - Whether employers' course of action in dismissing respondents justified - Whether there was violation of principles of fairness, good conscience and equity - Whether proper case warranting judicial review intervention - Whether award ought to be set aside
MISC Haulage Services Sdn Bhd & Anor v. Mohd Ali Awang & Ors
(Lim Chong Fong JC) [2016] 6 CLJ 598 [CA]

Remedies - Mandamus - Applicant left Islam and embraced Christianity - Applicant applied to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Application for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Whether Director-General of National Registration Malaysia had basis to insist on court order to effect amendment in applicant's identity card
Azmi Mohamad Azam v. Director of Jabatan Agama Islam Sarawak & Ors
(Yew Jen Kie J) [2016] 6 CLJ 562 [HC]

BANKING

Banks and banking business - Facilities - Default of repayment under banking facilities agreements - Claim for outstanding sums by bank - Allegation that default in repayment caused by unlawful breaches of oral collateral contract and representation by banking officers - Borrower allegedly induced to enter into facilities agreements - Whether there was collateral agreement between parties - Whether there was representation made by bank
Sun Holding (Sun Park Hotel) Co Ltd & Ors v. Export-Import Bank Of Malaysia Bhd
(Abdul Wahab Patail, Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid JCA) [2016] 6 CLJ 548 [CA]

CIVIL PROCEDURE

Appeal - Appeal against Registrar's order - Assessment of damages - Whether Registrar made wholly erroneous estimate of damages - Unresolved issues regarding financial statements of plaintiff's company - Whether damages assessed ought to be reduced - Defendant's actions infringed upon constitutional rights of plaintiff - Whether justified award of exemplary damages - Emotional state of witness - Whether relevant consideration for purposes of ascertaining aggravated damages - Award for pre-judgment interest - Whether Registrar's finding could override earlier decision of trial judge
Sambaga Valli KR Ponnusamy v. Datuk Bandar Kuala Lumpur & Ors
(Azizul Azmi Adnan JC) [2016] 6 CLJ 610 [HC]

Damages - Assessment of - Measure of damages - Trespass to land - Unlawful occupiers - Findings of - Whether Senior Assistant Registrar and judge in chambers misapplied correct measure of damages - Whether land markedly appreciated in value between time of purchase and date of assessment of damages - Whether damages suffered adequately compensated based on increase in market value of land - Whether there was diminution in value to land - Whether defendants occupied part of land - Whether Senior Assistant Registrar and judge in chambers erred in awarding amount of damages
Othman Ali & Ors v. Bukit Lenang Development Sdn Bhd
(Zaharah Ibrahim, Mohamad Ariff Yusof, Varghese George JJCA) [2016] 6 CLJ 508 [CA]

Jurisdiction - Forum - Proper forum to commence action - Action against company directors for breach of fiduciary duties - Company incorporated in United Kingdom with business address in Malaysia - Whether internal management of company governed by law of place of incorporation - Dealing of company shares - Whether issuance and tradability of shares governed by laws of United Kingdom - Whether dispute should be heard in Malaysian courts - Whether United Kingdom a more suitable and appropriate forum to determine dispute - Whether stay application ought to be allowed
Peter Ola Blomqvist v. Zavarco Plc & Ors And Other Appeals
(Rohana Yusuf, Idrus Harun, Prasad Sandosham Abraham JJCA) [2016] 6 CLJ 523 [CA]

Jurisdiction - Syariah Court - Applicant left Islam and embraced Christianity and sought to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Applicant applied for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Director-General of National Registration Malaysia still insisted on letter of release from Islam and court order - Whether Syariah Court has jurisdiction to deal with apostasy matters - Whether Syariah Court has jurisdiction to issue certificate of release from Islam
Azmi Mohamad Azam v. Director of Jabatan Agama Islam Sarawak & Ors
(Yew Jen Kie J) [2016] 6 CLJ 562 [HC]

Stay of proceedings - Application for - Action against company directors for breach of fiduciary duties - Jurisdiction - Forum non conveniens - Company incorporated in United Kingdom with business address in Malaysia - Whether internal management of company governed by law of place of incorporation - Dealing of company shares - Whether issuance and tradability of shares governed by laws of United Kingdom - Whether dispute should be heard in Malaysian courts - Whether United Kingdom a more suitable and appropriate forum to determine dispute - Whether stay application ought to be allowed
Peter Ola Blomqvist v. Zavarco Plc & Ors And Other Appeals
(Rohana Yusuf, Idrus Harun, Prasad Sandosham Abraham JJCA) [2016] 6 CLJ 523 [CA]

CRIMINAL PROCEDURE

Appeal - Appeal against sentence and conviction - Trafficking in dangerous drugs - Drugs found in bag carried by accused - Whether prosecution had made out case of presumed possession and direct trafficking - Whether trial judge erred in invoking double presumption of possession and trafficking - Whether conviction and sentence safe - Dangerous Drugs Act 1952, s. 39B(1)(a)
Abdul Aziz Jamal v. PP
(Tengku Maimun Tuan Mat, Ahmadi Asnawi, Zamani A Rahim JJCA) [2016] 6 CLJ 485 [CA]

Trial - Discharge - Order of discharge not amounting to acquittal - Whether justified - Whether warranted by facts and circumstances - Whether more proper to discharge accused amounting to acquittal - Criminal Procedure Code, s. 254
Ganesan Subramaniam v. PP
(Mohamad Shariff Abu Samah JC) [2016] 6 CLJ 588 [HC]

DAMAGES

Assessment - Registrar's order - Appeal against - Whether Registrar made wholly erroneous estimate of damages - Unresolved issues regarding financial statements of plaintiff's company - Whether damages assessed ought to be reduced - Defendant's actions infringed upon constitutional rights of plaintiff - Whether justified award of exemplary damages - Emotional state of witness - Whether relevant consideration for purposes of ascertaining aggravated damages - Award for pre-judgment interest - Whether Registrar's finding could override earlier decision of trial judge
Sambaga Valli KR Ponnusamy v. Datuk Bandar Kuala Lumpur & Ors
(Azizul Azmi Adnan JC) [2016] 6 CLJ 610 [HC]

EVIDENCE

Adverse inference - Failure to call material witnesses - Default of repayment under banking facilities - Claim for outstanding sums under facilities agreements by bank - Allegation that default in repayment caused by unlawful breaches of oral collateral contract and representation by banking officers - Borrower allegedly induced to enter into facilities agreements - Non-calling of alleged banking officers - Whether adverse inference could be invoked
Sun Holding (Sun Park Hotel) Co Ltd & Ors v. Export-Import Bank Of Malaysia Bhd
(Abdul Wahab Patail, Hamid Sultan Abu Backer, Umi Kalthum Abdul Majid JCA) [2016] 6 CLJ 548 [CA]

FAMILY LAW

Divorce - Maintenance - Interim maintenance pending hearing and disposal of petition for dissolution of marriage - Factors to be considered by court in assessing means and needs of parties - Duration of marriage - Whether there were any children - Whether husband financially supported wife during subsistence of marriage - Earning capabilities of parties - Whether divorce would have affected husband's position financially - Law Reform (Marriage and Divorce) Act 1976, s. 102
Sreedevi Naidu T Sree Ramalu Naidu v. Eelasegeran T Nadarajah & Anor
(Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Abdul Rahman Sebli JJCA) [2016] 6 CLJ 538 [CA]

Matrimonial property - Disposal of assets - Petitioner applied for order to restrain/bar husband from selling, mortgaging or charging properties - Whether properties acquired during marriage - Whether there was evidence that husband had or was about to dissipate properties
Sreedevi Naidu T Sree Ramalu Naidu v. Eelasegeran T Nadarajah & Anor
(Mohd Zawawi Salleh, Vernon Ong Lam Kiat, Abdul Rahman Sebli JJCA) [2016] 6 CLJ 538 [CA]

INTELLECTUAL PROPERTY

Copyright - Infringement - Photographs taken from owner's Facebook without owner's approval and consent - Owner's watermark on photographs removed - Photographs printed in brochures and distributed - Whether photographs eligible for copyright - Whether there was infringement of copyright - Whether order for public apology on internet and/or social media within jurisdiction of Sessions Court - Whether damages awarded appropriate - Copyright Act 1987, s. 26(2)
Wedding Galore Sdn Bhd v. Rasidah Ahmad
(Amelia Tee Abdullah J) [2016] 6 CLJ 621 [HC]

LABOUR LAW

Dismissal - Misconduct - Respondents punched cards of fellow workers who were not at work - Whether punch card misconduct a serious breach justifying summary dismissal - Whether respondents' dismissal from employment harsh and unjust - Whether employers' course of action in dismissing respondents justified - Whether punishment of dismissal commensurate and was not disproportionate with breach of conduct
MISC Haulage Services Sdn Bhd & Anor v. Mohd Ali Awang & Ors
(Lim Chong Fong JC) [2016] 6 CLJ 598 [HC]

STATUTORY INTERPRETATION

Construction of statutes - Intention of Parliament - Government Proceedings Act 1956, ss. 5 and 6 - Whether applicable to local authority - Whether 'government' includes 'local authority' - Whether local authority is a body corporate with separate legal entity - Whether distinct from government
Bandar Utama City Corporation Sdn Bhd v. Datuk Bandar, Majlis Bandaraya Petaling Jaya
(Hanipah Farikullah J) [2016] 6 CLJ 576 [HC]

TORT

Defamation - Claim based on innuendo - Newspaper articles imputing innuendos against plaintiff - Whether articles must refer specifically to plaintiff - Whether words which raise defamatory imputations against a group was actionable by individual members - Whether impugned statements defamatory and actionable by plaintiff
Gwee Tong Hiang v. Boo Cheng Hau
(Abdul Aziz Abdul Rahim, Badariah Sahamid, Prasad Sandosham Abraham JJCA) [2016] 6 CLJ 494 [CA]

Defamation - Defences - Justification and fair comments - Newspaper articles imputing innuendos against plaintiff - Whether defendant justified that plaintiff was involved in shady and suspicious property dealings - Whether defendant answered 'sting' of charge against plaintiff - Whether an ordinary reasonable reader reading articles would understand it as comments - Whether comments in articles were unfair treatment against plaintiff - Whether formed strong evidence of malice - Whether defences available to defendant
Gwee Tong Hiang v. Boo Cheng Hau
(Abdul Aziz Abdul Rahim, Badariah Sahamid, Prasad Sandosham Abraham JJCA) [2016] 6 CLJ 494 [CA]

Trespass to land - Damages - Claim for - Assessment of - Measure of damages - Findings of - Whether Senior Assistant Registrar and judge in chambers misapplied correct measure of damages - Whether land markedly appreciated in value between time of purchase and date of assessment of damages - Whether damages suffered adequately compensated based on increase in market value of land - Whether there was diminution in value to land - Whether defendants occupied part of land - Whether Senior Assistant Registrar and judge in chambers erred in awarding amount of damages
Othman Ali & Ors v. Bukit Lenang Development Sdn Bhd
(Zaharah Ibrahim, Mohamad Ariff Yusof, Varghese George JJCA) [2016] 6 CLJ 508 [CA]

WORDS & PHRASES

'Government' - Meaning of - Whether includes local authority - Government Proceedings Act, ss. 5 & 6
Bandar Utama City Corporation Sdn Bhd v. Datuk Bandar, Majlis Bandaraya Petaling Jaya
(Hanipah Farikullah J) [2016] 6 CLJ 576 [HC]

'Professing' - Item 1 of List II of Ninth Schedule of Federal Constitution - Applicant left Islam and embraced Christianity - Applicant required to produce letter of release from Islam and court order - Jurisdiction of Syariah Court over persons 'professing' religion of Islam - Whether applicant could be considered 'professing' faith in Islam - Whether Syariah Court has jurisdiction to issue such order
Azmi Mohamad Azam v. Director of Jabatan Agama Islam Sarawak & Ors
(Yew Jen Kie J) [2016] 6 CLJ 562 [HC]


ARTICLES

LNS Article(s)

  1. MESUMA SPORTS SDN BHD v. MAJLIS SUKAN NEGARA MALAYSIA (PENDAFTAR CAP DAGANGAN MALAYSIA, INTERESTED PARTY)* [Read excerpt]
    by: SIM SOOK ENG [2016] 1 LNS(A) lxiv

  2. [2016] 1 LNS(A) lxiv
    logo
    MALAYSIA

    MESUMA SPORTS SDN BHD v. MAJLIS SUKAN NEGARA MALAYSIA
    (PENDAFTAR CAP DAGANGAN MALAYSIA, INTERESTED PARTY)*

    by
    SIM SOOK ENG

    IN THIS ARTICLE, SIM SOOK ENG ANALYSES THE DECISION OF THE FEDERAL COURT ON THE COMMON LAW OWNERSHIP OF TRADE MARKS

    Introduction

    In the recent Federal Court case of Mesuma Sports Sdn Bhd v. Majlis Sukan Negara Malaysia (Pendaftar Cap Dagangan Malaysia, interested party),[1] important questions were posed for determination of the Court. The questions posed could be summarised as follows:

    1. Whether common law ownership over a trade mark lies with the creator or designer of a trade mark or source identifier; and

    2. Whether common law ownership over a trade mark is determined on the basis of first use.

    To put the questions posed in perspective, we first consider the salient facts of the case.

    . . .

    * Published with kind permission of M/s Shearn Delamore & Co.


    Please subscribe to cljlaw or login for the full article.
LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 776 National Security Council Act 2016 1 August 2016 [PU(B) 310/2016] -
ACT 775 Traditional and Complementary Medicine Act 2016 1 August 2016 [PU(B) 325/2016] - sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 , 16, 17, 20, 42, 43, 44, 45, 46, 47, 60 and 61 and subsections 63(1) and (3) -
ACT 774 Allied Health Professions Act 2016 Not Yet In Force -
ACT 773 Finance Act 2015 The Income Tax Act 1967 [Act 53] see s 3; The Petroleum (Income Tax) Act 1967 [Act 543] see s 33; The Real Property Gains Tax Act 1976 [Act 169] see s 39; The Labuan Business Activity Tax Act 1990 [Act 445] see s 44; The Goods and Services Tax Act 2014 [Act 762] see s 47; The Promotion of Investments Act 1986 [Act 327] see s 57 -
ACT 772 Animal Welfare Act 2015 Not Yet In Force -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1511 Child (Amendment) Act 2016 Not Yet In Force ACT 611
ACT A1510 Dangerous Drugs (Special Preventive Measures) (Amendment) Act 2016 15 July 2016 ACT 316
ACT A1509 Legal Profession (Amendment) Act 2016 10 June 2016 ACT 166
ACT A1508 Employees' Social Security (Amendment) Act 2016 1 June 2016 [PU(B) 261/2016] ACT 4
ACT A1507 Supplementary Supply (2015) Act 2016 27 May 2016 -

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 210/2016 Malaysia Co-Operative Societies Commission (Vesting Date) Order 2016 22 July 2016 1 January 2008 ACT 665
PU(A) 209/2016 Optical Regulations (Amendment) 2016 21 July 2016 22 July 2016 PU(A) 210/1994
PU(A) 208/2016 Printing Presses and Publications (Control of Undesirable Publications) (No. 22) Order 2016 18 July 2016 19 July 2016 ACT 301
PU(A) 207/2016 Printing Presses and Publications (Control of Undesirable Publications) (No. 21) Order 2016 18 July 2016 19 July 2016 ACT 301
PU(A) 206/2016 Printing Presses and Publications (Control of Undesirable Publications) (No. 20) Order 2016 18 July 2016 19 July 2016 ACT 301

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 328/2016 Revocation of Reservation of Land For Public Purpose For Lot 80458 Mukim Batu 26 July 2016 27 July 2016 ACT 56/1965
PU(B) 327/2016 Revocation of Reservation of Land For Public Purpose For Lot 8, Section 41, Town of Kuala Lumpur 26 July 2016 27 July 2016 ACT 56/1965
PU(B) 326/2016 Notification of Appointment of Inspectors 25 July 2016 26 July 2016 ACT 452
PU(B) 325/2016 Appointment of Date of Coming Into Operation 22 July 2016 23 July 2016 ACT 775
PU(B) 324/2016 Notification of The Appointment of Commissioner of Buildings and Deputy Commissioners of Buildings For The Federal Territory of Putrajaya 22 July 2016 Specified in column (3) of the Schedule ACT 757

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
ACT 316 Dangerous Drugs (Special Preventive Measures) Act 1985 ACT A1510 15 July 2016 Section 1, 4, 5, 5A and 6
ACT 166 Legal Profession Act 1976 ACT A1509 10 June 2016 Section 103E
PU(A) 46/2016 Passports (Visa to Tourist From the People'S Republic of China) (Exemption) Order 2016 PU(A) 147/2016 1 June 2016 until 31 December 2016 Paragraph 2
PU(A) 437/1985 Food Regulations 1985 PU(A) 145/2016 1 December 2017;1 December 2016 - Regulation 2 Regulation 82, 361, 386A, Schedules Twentieth B and Twentieth C
PU(A) 95/2009 Food Hygiene Regulations 2009 PU(A) 146/2016 1 December 2016 Regulation 51

 

Revoked

 

Act/Principal No. Title Revoked by In force from
PU(A) 136/2015 Highway Authority Malaysia (Incorporation) (Collection of Tolls) (East Coast Express Way-Phase 2) Order 2015 PU(A) 193/2016 15 July 2016
PU(B) 168/2013 Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 15) PU(B) 197/2016 30 April 2016
PU(B) 167/2013 Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 14) PU(B) 197/2016 30 April 2016
PU(B) 164/2013 Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 11) PU(B) 197/2016 30 April 2016
PU(B) 163/2013 Polling Districts, Polling Centres and Polling Hours (Amendment) (No. 10) PU(B) 197/2016 30 April 2016