CASE(S) HIGHLIGHT
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS; MALAYAN BANKING BHD (INTERVENER)
COURT OF APPEAL, PUTRAJAYA
IDRUS HARUN JCA; HASNAH MOHAMMED HASHIM JCA;
YEOH WEE SIAM JCA
[CIVIL APPEALS NO: J-02(W)-219-02-2017, J-02(W)-220-02-2017, J-02(W)-221-02-2017, J-02(W)-224-02-2017, J-02(W)-225-02-2017, J-02(W)-226-02-2017, J-02(W)-227-02-2017 & J-02(W)-228-02-2017]
22 JANUARY 2019
(Trusts; Civil Procedure - Duties - Fiduciary duty - Breach by trustees - Failure by trustees to account for losses - Whether trustees liable for losses suffered by Trust - Receiver and manager - Whether empowered to institute any legal proceedings - Judgments - Grounds of judgment - Whether decision based on evidence adequately found and on law - Application to impugn judgment by intervener - Whether judgment concerned intervener - Whether exemplary damages unconnected with substance of appeal - Whether fatally flawed)
Judgment
See also:
-
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & OTHER APPEALS [2019] 3 CLJ 1
- TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS [2019] 1 CLJ 501
DATO' SRI MOHD NAJIB HJ ABDUL RAZAK v. PP
[2019] 5 CLJ 165
COURT OF APPEAL, PUTRAJAYA
ZABARIAH MOHD YUSOF JCA, RHODZARIAH BUJANG JCA, LAU BEE LAN JCA
[CRIMINAL APPEAL NO: W-05-2-01-2019]
25 MARCH 2019
CRIMINAL LAW: Charges – Criminal charges – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges relating to offences under Penal Code, Malaysian Anti-Corruption Commission Act 2009 and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Appeal against decision of High Court in dismissing application for production of instrument for appointment of advocate and solicitor to conduct criminal prosecution against applicant – Whether appeal ought to be allowed
CRIMINAL PROCEDURE: Prosecution – Conduct of criminal prosecution – Appeal against decision of High Court – High Court dismissed application for production of instrument for appointment of advocate and solicitor – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges – Attorney General appointed advocate and solicitor to conduct criminal prosecution against applicant – Whether written consent or sanction of Public Prosecutor required – Whether applicant prejudiced by appointment of advocate and solicitor – Criminal Procedure Code, ss. 51, 129, 333, & 379 – Interpretation Acts 1948 and 1967, s. 55
CRIMINAL PROCEDURE: Appeal – Appeal against decision of High Court – High Court dismissed application for production of instrument for appointment of advocate and solicitor – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges – Attorney General appointed advocate and solicitor to conduct criminal prosecution against applicant – Whether written consent or sanction of Public Prosecutor required – Whether application disclosed valid reasons or basis – Whether announcement of appointment of advocate and solicitor in media release satisfied Attorney General’s duty to applicant – Whether appeal ought to be allowed – Criminal Procedure Code, ss. 51, 129, 333, & 379 – Interpretation Acts 1948 and 1967, s. 55
EVIDENCE: Privilege – Solicitor-client privilege – Applicant, former Prime Minister of Malaysia, charged with seven criminal charges – Attorney General appointed advocate and solicitor to conduct criminal prosecution against applicant – High Court dismissed applicant’s application for production of instrument for appointment of advocate and solicitor – Whether sight of letter of appointment warranted – Whether there was solicitor-client privilege between Attorney General and advocate – Evidence Act 1950, s. 126
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