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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:
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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
CASE(S) OF THE WEEK
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CHOW JIEEN & ORS v. KERAJAAN MALAYSIA (KEMENTERIAN PENDIDIKAN MALAYSIA) & ORS
[2019] 10 CLJ 64
HIGH COURT MALAYA, KUALA LUMPUR
S NANTHA BALAN J
[ORIGINATING SUMMONS NO: WA-24NCVC-1702-10-2016]
06 APRIL 2018
Abstract: The students of the branch of a Chinese Private Secondary School located in another State, having obtained approval from the Ministry of Education for its establishment and to teach both the national and non-national curricula, were eligible to sit for the United Examination Certificate conducted by the United Chinese School Committees' Association of Malaysia ('Dong Zong') and were not required to obtain separate written approval of the Director of Examinations as such approval to hold and conduct examinations was implicit in the approval by the Minister to register the school.
EDUCATION: Examination - Private school - Chinese Private Secondary Schools ('CPSS') - Unified Examination Certificate ('UEC examination') conducted by United Chinese School Committees' Association of Malaysia ('Dong Zong') - Sekolah Menengah Chong Hwa, Kuantan incorporated and registered in 2012 by Ministry of Education pursuant to National Education Policy and Education Act 1996 - Whether students eligible to sit for UEC examination - Whether school part of CPSS - Whether school obtained written permission to teach non-national curriculum - Whether conduct of UEC examination by Dong Zong and students taking examination lawful - Education Act 1996, s. 69(1)
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ARTICLE HIGHLIGHT
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