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SANTANASAMY MUTHIAH v. PP
FEDERAL COURT, PUTRAJAYA
NALLINI PATHMANATHAN; RHODZARIAH BUJANG; ABU BAKAR JAIS FCJJ
[CRIMINAL APPEAL NO: 05(M)-146-08-2022(W)]
4 OCTOBER 2024

The court's duty is limited to interpreting the provisions of statute and not to fill the gaps in the statute as that would amount to usurpation of the functions of Legislature. Hence, in interpreting whether the sentences of multiple whipping could be ordered concurrently or consecutively, where the statute is silent, the court has to look at the intention of Parliament. If Parliament had intended sentences of whipping could be ordered concurrently, it would have passed the legislation to that effect. The absence of such legislation indicates quite clearly that whipping should be meted out consecutively and not concurrently.

A MINOR (A MINOR SUING THROUGH HIS MOTHER AND LITIGATION REPRESENTATIVE, CCY) & ORS v. PENGARAH HOSPITAL TUANKU JA'AFAR, SEREMBAN & ORS
HIGH COURT MALAYA, SEREMBAN
AZIZUL AZMI ADNAN J
[CIVIL SUIT NO: NA21NCVC-11-10-2020]
18 APRIL 2024

Healthcare professionals and practitioners owe a duty of care to their patients and this duty extends to providing appropriate care, adhering to established standards of practice and obtaining informed consent. A breach of duty occurs when a healthcare professional fails to meet the required standard of care. This may include negligence in diagnosis, treatment, or communication with patients. To establish medical negligence, the claimant must prove that the breach of duty is the direct cause of their injury or loss.

MABEL SHEELA VICTOR MUTTIAH v. CLARE LOUISE BROWN
HIGH COURT MALAYA, KUALA LUMPUR
RAJA AHMAD MOHZANUDDIN SHAH JC
[CIVIL SUIT NO: WA-23NCVC-45-08-2019]
2 MAY 2024

In Malaysian courts, it is mandatory to submit pleadings in the national language, Bahasa Melayu, even for defamatory articles originally published in English. The failure to provide a certified translation of the defamatory material into Bahasa Melayu can be fatal to the case, even if the meaning and wording are otherwise particularised in Bahasa Melayu. Support to this mandatory requirement is found in art. 152 of the Federal Constitution as well as s. 8 of the National Language Act 1963/67 and O. 92 r. 1 of the Rules of Court 2012 and the Court of Appeal's decisions in Rekha Munisamy v. Ortus Expert White Sdn Bhd & Anor and Dato' Seri Anwar Ibrahim v. Tun Dr Mahathir Mohamad.

LATEST FC/CA

PP v. Muhammad Khairuanuar Baharuddin & Another Appeal [2024] CLJU 2406 [FC]
Attorney General Of Malaysia v. Sabah Law Society [2024] CLJU 2341 [FC]
Telekom Malaysia Berhad v. Obnet Sdn Bhd [2024] CLJU 2268 [FC]
Chong Fook Fatt v. PP [2024] CLJU 2342 [CA]
Sunil Singh Jeganathen Daniel & Ors v. PP [2024] CLJU 2261 [CA]
Santanasamy Muthiah v. PP [2024] 10 CLJ 167 [FC]
Malayan Banking Bhd v. Mohd Affandi Ahmad & Anor [2024] 10 CLJ 501 [FC]
Suthakar Sivakumar lwn. PP & Rayuan Yang Lain [2024] 10 CLJ 335 [FC]
Airis Nurhana Alfian v. Darul Aiman Sdn Bhd & Anor [2024] CLJU 2218 [CA]
Pesuruhjaya Bangunan v. Perbadanan Pengurusan [2024] CLJU 2118 [CA]

JUDICIAL QUOTES

“The Liquidator must not simply admit the POD but must have the duty to scrutinise the details of the same as required by Rule 92 of the Companies (Winding Up) Rules. The Liquidator is to act with great caution and is allowed to request documents to satisfy himself of the claim. There is nothing to show that the Liquidator on being suspicious of the claim was unreasonable in requesting in such circumstances for further and better particulars of the claim. In the present case, the said Liquidator has decided not to take the face value of the two (2) Credit Notes and to say that the Applicant has paid the purchase price in full or any part thereof. The Court should be slow in interfering with the decision of the Liquidator where it has not been demonstrated that the Liquidator had erred in his decision. Being an officer of the Court when so appointed by the Winding Up Court, the Liquidator's task is onerous and there were high expectations cast on his shoulder.” - Per Faridz Gohim Abdullah JC in Bong Jin Ching & Ors v. Besthouse Development (M) Sdn Bhd; Quality Concrete Sdn Bhd (Applicant) [2024] CLJU 1937

“The task faced by the court in conducting the trial in this case, and in making a determination on the merits, was hampered not only by the manner in which the defence had conducted its case – which had led to the issuance of unless orders – but also by the quality of the submissions advanced, which in my respectful view fell far below the standards expected of counsel. The court struggled to understand the precise nature of many of the arguments advanced by the plaintiffs because the submissions suffered from a chronic lack of organisation, with contentions of breach peppered liberally throughout the written submissions. It was left to the court to impose order and rigour to the points raised in order to properly analyse the contentions of breach. Worse, the manner in which counsel for the defendants presented the rebuttal submissions left the court guessing as to the true nature of the counter-arguments being advanced.” - Per Azizul Azmi Adnan J in A Minor (A Minor Suing Through His Mother And Litigation Representative, CCY) & Ors v. Pengarah Hospital Tuanku Ja'afar, Seremban & Ors [2024] 10 CLJ 22

UPDATED
( as of Thursday, November 21, 2024)

PU(A) 120/2013
Petroleum (Income Tax) (Investment Allowance) Regulations 2013
PU(A) 112/2017
Financial Services (Approved Marine, Aviation and Transit Insurance Brokers) Regulations 2017
PU(A) 111/2017
Financial Services (Approved Marine, Aviation and Transit Insurers) Regulations 2017
PU(A) 431/2011
Trade Descriptions (Certification and Marking of Halal) Order 2011
ACT 814
Syarie Legal Profession (Federal Territories) Act 2019

REVOKED
(as of Thursday, November 21, 2024)

PU(A) 456/2009
Federal Territory of Labuan (Extension and Modification of Licensed Land Surveyors Act) Order 2009
PU(A) 230/2009
Universiti Malaysia Perlis (Discipline of Students) Rules 2009
PU(A) 151/2010
Road Transport (Prohibition of Use of Road) (North South Expressway) Order 2010
PU(A) 290/2023
Road Transport (Prohibition of Use of Road) (Federal Roads) (No. 26) Order 2023
PU(A) 289/2023
Road Transport (Prohibition of Use of Road) (Federal Roads) (No. 25) Order 2023

PRINCIPAL

ACT 860
Malaysia Border Control And Protection Agency Act 2024
ACT 859
Bintulu Port Authority (Dissolution) Act 2024
ACT 858
Declaration Of An Area In The Bintulu District To Be A Federal Port (Repeal) Act 2024
ACT 857
Jewellers (Licensing) Act 1917 (Revised—2024)
ACT 856
Malaysian Aviation Commission (Dissolution) Act 2024

AMENDING

ACT A1738
Construction Industry Payment And Adjudication (Amendment) Act 2024
ACT A1737
Arbitration (Amendment) Act 2024
ACT A1736
Security Offences (Special Measures) (Amendment) Act 2024
ACT A1735
Armed Forces (Amendment) Act 2024
ACT A1734
Sexual Offences Against Children (Amendment) Act 2024

PUA

PU(A) 308/2024
Federal Territory Of Labuan (Extension And Modification Of Licensed Land Surveyors Act) (Revocation) Order 2024
PU(A) 307/2024
Petroleum (Income Tax) (Investment Allowance) (Amendment) Regulations 2024
PU(A) 306/2024
Road Transport (Prohibition Of Use Of Road) (Federal Roads) (No. 10) Order 2024
PU(A) 305/2024
Road Transport (Prohibition Of Use Of Road) (Federal Roads) (No. 9) Order 2024
PU(A) 304/2024
Road Transport (Prohibition Of Use Of Road) (Federal Roads) (No. 8) Order 2024

PUB

PU(B) 458/2024
Notice To Third Parties
PU(B) 457/2024
Revocation Of Appointment Of Member Of The Advisory Board
PU(B) 456/2024
Exemption Under Subsection 2a(2)
PU(B) 455/2024
Appointment Of Lock-Up To Be A Place Of Confinement And Revocation Of Appointment Of Lock-Up
PU(B) 454/2024
Notice Regarding The Certification And Inspection Of The Supplementary Electoral Roll For The Month Of October 2024

BILLS, etc.

LEGAL NEWS

ARTICLE HIGHLIGHTS

CAVEAT SYSTEM IN MALAYSIA:
A COMPARISON OF THE PRIVATE CAVEAT SYSTEM BETWEEN THE NATIONAL LAND CODE AND THE SARAWAK LAND CODE^*
by Jordan Ling Kie Seng^**

What is a private caveat? Under the Torrens system, a caveat is devised as an instrument to prevent the registration of transactions and protect the interests of certain parties by allowing the caveator to be notified therein in some manner. A caveat (so long as it continues in force) has the effect that the land in question shall not be transferred, charged or leased by the proprietor until such notice has been served on the caveator. A private caveat has also been known as an injunction. For instance, the Australian High Court in J&H Just (Holdings) Pty Ltd (in Liquidation) v. Bank of New South Wales^[1] held that "Its purpose is to act as an injunction to the Registrar-General to prevent registration of dealings with the land until notice has been given to the caveator. This enables the caveator to pursue such remedies as he may have against the person lodging the dealing for registration. The purpose of caveat is not to give notice to the world or to persons who may consider dealing with the registered proprietor of the caveator's estate or interest though if noted on the certificate of title, it may operate to give such notice".^[2]

SEPARATION OF THE OFFICES OF THE ATTORNEY GENERAL AND PUBLIC PROSECUTOR –
POSSIBLE MODELS FROM SELECTED COMMONWEALTH JURISDICTIONS
by Joshua Wu Kai-Ming*

INTRODUCTION

In Malaysia, as at the time of writing, the Attorney General is both the principal legal adviser to the Yang di-Pertuan Agong ('YDPA') and the Federal Government^[1] and the Public Prosecutor with the power to institute, conduct or discontinue criminal proceedings.^[2]

The Federal Court in Sundra Rajoo Nadarajah v. Menteri Luar Negeri, Malaysia & Ors [2021] 6 CLJ 199, a landmark decision on the reviewability of the Attorney General's prosecutorial discretion,^[3] observed that the Attorney General is the "guardian of public interest and so he factors not just the law and legal principles but also matters relevant to public policy and national security."^[4]

The separation of the roles and responsibilities of the Attorney General and the Public Prosecutor ('Separation') was one of the election promises contained in the Alliance of Hope (Pakatan Harapan) coalition's manifesto for the 15th General Election which was held in 2022:

"Separating the roles and responsibilities of Public Prosecutor from the Attorney General to reinforce the freedom of public prosecutors. The Attorney General only acts as the government's legal advisor, while the Public Prosecutor decides on matters relating to prosecution."^[5]

GLOBAL NEWS

LORD DENNING - A PHENOMENON HTTPS://WWW.LIVELAW.IN/ARTICLES/LORD-DENNING-LIFE-AND-HIS-IMPACT-ON-COMMON-LAW-DEVELOPMENT-251353

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death anniversary. It is appropriate that we remember him, draw inspiration from his life and work and salute his memory.

MINISTRY MUST IMPROVE LIVELIHOOD OF GOVT HEALTHCARE WORKERS OR RISK LOSING THEM

Malaysia's public healthcare sector risks losing even more professionals if the Health Ministry refuses to take immediate measures to improve their livelihoods. Government healthcare workers, upset with the ministry's decision to reject the proposal to increase on-call allowances, told the New Straits Times that they were overworked and severely underpaid. Speaking on the condition of anonymity, one medical officer (MO) said they were bogged down with work, going as far as describing the workload as "crazy". "I've never experienced an increase in allowances ever since I was a houseman in 2016.

SARAWAK TO CREATE 1.5 MLN JOBS BY 2030, UGGAH TELLS STUDENTS TO PREPARE THEMSELVES

Some 1.5 million jobs are expected to be created in Sarawak up to the year 2030, said Deputy Premier Datuk Amar Douglas Uggah Embas.

He said these jobs will be generated by the many programmes and plans of the state’s Post Covid-19 Development Strategy (PCDS) 2030, of which one of its objectives is to increase the people’s income.

“Out of the total (1.5 million jobs), about 200,000 would be in the technical or skill sector. I have been told that Petros, as the third largest oil and gas company in the country, will need 20,000 technicians or skilled workers.

CANADA PRESENTS SUSTAINABLE JOBS BILL FOR GREEN TRANSITION

The Canadian government has presented a sustainable jobs bill intended to prepare workers for a transition to a lower-carbon economy following years of consultation and opposition from Alberta, Canada’s main fossil-fuel producing province.

Canada, the world’s fourth-largest oil producer and sixth-largest natural gas producer, has aimed for a 40 percent to 45 percent reduction in emissions by 2030 and net zero by 2050.

OVER FOUR MILLION M’SIANS LIKELY TO LOSE JOBS BY 2030 IF THEY LACK SKILLS

As many as 4.5 million Malaysians are likely to lose their jobs by 2030, if they do not improve their skills or attend reskilling and upskilling programmes with the rise of artificial intelligence (AI).

Human Resources Minister V. Sivakumar said this is based on the 2020 World Economic Forum warning that AI could cause a recession in the job market as it is already being used to automate tasks in various industries including manufacturing, healthcare and customer service.

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