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)
TETUAN KHANA & CO v. SALING LAU BEE CHIANG & OTHER APPEALS  3 CLJ 1
- TETUAN KHANA & CO v. SALING LAU BEE CHIANG & ORS AND OTHER APPEALS  1 CLJ 501
C VIGNESH KUMAR CHELLAPAH & ANOR v. PP  8 CLJ 591
COURT OF APPEAL, PUTRAJAYA
MOHTARUDIN BAKI JCA, RHODZARIAH BUJANG JCA, MOHAMAD ZABIDIN DIAH JCA
[CRIMINAL APPEAL NO: W-05-221-04-2018]
19 JULY 2019
Abstract: A decision of the High Court directing an appellant to file a particular application in the Sessions Court instead of in the High Court cannot be said to have finally disposed of the rights of the appellant vis-a-vis the relief sought for therein. Consequently, no appeal shall lie against such decision.
CRIMINAL LAW: Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Section 61 – Appellants applied to be at liberty to attend before court to show why property should not be forfeited and to be declared as bona fide third parties – High Court Judge dismissed application on grounds that it should be made in Sessions Court – Appellants appealed agains tHigh Court decision – Preliminary objections raised – Whether appeal competent – Whether appeal academic – Whether appellants’ rights to be heard by all three tiers of court preserved
CIVIL PROCEDURE: Appeal – Competency of – Appeal against High Court Judge’s decision in dismissing appellants’ application to be at liberty to attend before court to show why property should not be forfeited and to be declared as bona fide third parties – Whether order of High Court Judge was only to direct application be filed in Sessions Court – Whether there was final determination of appellants’ rights – Whether appeal academic – Whether appellants’ rights to be heard by all three tiers of court preserved – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, s. 61
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