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CASE(S) HIGHLIGHT
ABDUL RAZAK JUNDAR KHAN & ORS v. MUSTAPHA MOHAMMED & ORS
COURT OF APPEAL, PUTRAJAYA
AHMADI ASNAWI JCA; AB KARIM AB JALIL JCA; SURAYA OTHMAN JCA
[CIVIL APPEAL NO: W-02(NCC)(W)-1929-09-2018]
19 SEPTEMBER 2019
The basic principle of construction of contracts is that effect must be given to the intention of the parties. This requires an objective test and not a subjective approach, and the solution to be found should be reasonable and realistic.
To ascertain the intention of the parties, the court must read the terms of the contract as a whole including the recital to the agreement if any, must not take a simplistic approach to the issues at hand, and must not fixate on one particular word or phrase or clause to the neglect of the overall purpose of the document.
Judgment
CASE(S) OF THE WEEK
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GODELL PARKING SDN BHD v. MAJLIS BANDARAYA PETALING JAYA
[2020] 3 CLJ 455
COURT OF APPEAL, PUTRAJAYA
AHMADI ASNAWI JCA; AB KARIM AB JALIL JCA; SURAYA OTHMAN JCA
[CIVIL APPEAL NO: B-01(NCVC)(W)-636-11-2018]
03 FEBRUARY 2020
Where a contract carries a clause that provides for its termination, and the clause is followed by another stipulating for mediation of the disputes, it is not unlikely that the two clauses, despite the seeming inter-connectedness, are stand-alone clauses which therefore must be read and construed independently of each other. What may flow from this is that, a termination effected under one clause without the prior invocation of the other may still be perfectly valid and lawful, the basis being that, whilst one clause provides a mechanism for a party to be notified of a default and to rectify the same, the other stands as a Scott v. Avery clause that can be invoked once the termination is disputed.
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MOTOR INSURERS' BUREAU OF SINGAPORE v. AMGENERAL INSURANCE BHD
[2020] 3 CLJ 581
HIGH COURT MALAYA, KUALA LUMPUR
NORDIN HASSAN J
[ORIGINATING SUMMONS NO: WA-24-76-09-2018]
17 JULY 2019
In Malaysia, the law is that a Malaysian insurer is not liable to satisfy a judgment by a victim of an accident involving a Malaysian registered vehicle in Singapore. That aside, the law with regard to third party coverage in motor policy in Malaysia is different from Singapore’s, and the dissimilarity has resulted in the courts in the two countries passing diametrically opposing judgments on the same obtaining issue. This being the case, an application to enforce a Singapore judgment pertaining to third party coverage obtained from the Singapore court in Malaysia pursuant to the Reciprocal Enforcement of Judgments Act 1958 cannot at all be considered as convenient or just. It is indeed contrary to our public policy and ought to be refused.
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ARTICLE HIGHLIGHT
#JOM: Daily lunch packs for healthcare workers by Ancasa Hotel KL
Halthcare workers who are working around the clock at the Hospital Sungai Buloh and Hospital Kuala Lumpur are treated to daily lunch by Ancasa Hotel Kuala Lumpur as part of its CSR programme.
"I would like to thank all the sponsors who have contributed to this effort such as UDA Holdings, Imaan Boutique, CLJ Law, Isentia Malaysia, K.K Fresh Mart and the many others who have supported us," he adds.
Those who would like to contribute, please call 03-20266060 or WhatsApp 011-31794121.
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'We should start thinking about the next one': Coronavirus is just the first of many pandemics to come, environmentalists warn
Environment
“I’m absolutely sure that there are going to be more diseases like this in future if we continue with our practices of destroying the natural world," says marine ecologist Dr Enric Sala
The novel coronavirus will not be the last pandemic to wreak havoc on humanity if we continue to ignore links between infectious diseases and destruction of the natural world, environmental experts have warned.
Dr Enric Sala, marine ecologist and part of National Geographic’s Campaign For Nature, told The Independent: “I’m absolutely sure that there are going to be more diseases like this in future if we continue with our practices of destroying the natural world, deforestation and capturing wild animals as pets or for food and medicine.”
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Less than a quarter of UK lawyers use AI-assisted tech, research finds
Major study finds lawyers lack faith in their firms' and legal departments' ability even to capture data
Less than a quarter of UK solicitors use technology powered by artificial intelligence (AI) despite the hype surrounding its adoption, according to a survey of 350 lawyers.
The in-depth survey, which was conducted by Oxford University and the Law Society of England and Wales, highlights low use of innovative technology and subsequent training within the legal profession with respondents having little faith even in their organisations' ability to capture data — a key requirement for any AI-assisted technology.
Just one fifth (19%) of respondents agreed that ‘My organisation captures data effectively so that it can be used by legal technology’, while 41% disagreed.
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Logistics company first to be fined for making false declaration on fair hiring
SINGAPORE
Employment
Logistics company fined S$18k, banned from hiring foreign employees for two years
A logistics company has been fined S$18,000 for falsely declaring in its work pass application that it had considered local candidates fairly in order to hire a foreigner for a job position.
Ti2 Logistics was also banned from hiring foreign employees for two years, the Ministry of Manpower (MOM) said in a news release on Tuesday (Mar 10). The work pass of the foreign employee hired for the position has been revoked.
The company’s sole director Francis Chiang, who is in charge of recruitment, pleaded guilty to one charge under the Employment of Foreign Manpower Act.
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Malaysia rises four places in global rule of law index
MALAYSIA
Rule of law
Malaysia rises four places in World Justice Project index
Malaysia’s ranking in the World Justice Project’s (WJP) Rule of Law Index for 2020 has gone up four rungs, or 5.1 per cent, compared to last year, putting it in 47th place out of 128 countries and jurisdictions worldwide.
The country’s score also means it places seventh out of 15 countries in the East Asia and Pacific region, and 12th out of 42 upper middle income countries.
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