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
JAYA SUDHIR JAYARAM v. NAUTICAL SUPREME SDN BHD & ORS  7 CLJ 395
FEDERAL COURT, PUTRAJAYA
RAMLY ALI FCJ, AZAHAR MOHAMED FCJ, ABANG ISKANDAR FCJ, IDRUS HARUN FCJ, VERNON ONG LAM KIAT JCA
[CIVIL APPEAL NO: 02(i)-83-09-2018(W)]
01 JULY 2019
The provisions of s. 10(1) and (3) of the Arbitration Act 2005 do not apply to persons who are non-parties to arbitration proceedings or agreements. Hence, a litigant who is not a party to an arbitration agreement, or whose claim is not the subject matter of an arbitration agreement, is capable of seeking an injunction to restrain the prosecution of such arbitration agreement and bears no burden to satisfy the requirements of the said s. 10; where s. 10 is inapplicable, it inevitably follows that s. 8 of the Act is of no application either.
ARBITRATION: Proceedings – Injunction – Application for injunction to restrain arbitration proceedings – Whether requirements of s. 10 of Arbitration Act 2005 must be met by party litigant seeking injunction to restrain prosecution of arbitration to which he was not party but which would affect his proprietary rights – Whether s. 8 of Arbitration Act 2005 applied to party litigant who was not party to arbitration agreement and/or arbitration proceedings – Issues relating to a party who was not subjected to arbitration – Whether priority should be given for matter to be dealt with by court – Whether there was multiplicity, duplication and overlap of issues in arbitration and suits – Whether court proceedings should proceed ahead of arbitration proceedings – Whether there would be prejudice if injunction granted – Whether oppressive, vexatious and unconscionable for arbitration proceedings to continue – Whether injunction ought to be granted
CIVIL PROCEDURE: Injunction – Arbitration – Application for injunction to restrain arbitration proceedings – Whether requirements of s. 10 of Arbitration Act 2005 must be met by party litigant seeking injunction to restrain prosecution of arbitration to which he was not party but which would affect his proprietary rights – Whether s. 8 of Arbitration Act 2005 applied to party litigant who was not party to arbitration agreement and/or arbitration proceedings – Issues relating to a party who was not subjected to arbitration – Whether priority should be given for matter to be dealt with by court – Whether there was multiplicity, duplication and overlap of issues in arbitration and suits – Whether court proceedings should proceed ahead of arbitration proceedings – Whether there would be prejudice if injunction granted – Whether oppressive, vexatious and unconscionable for arbitration proceedings to continue – Whether injunction ought to be granted
AFFIN BANK BHD v. JAMALUDIN JAAFAR; THE ASSOCIATION OF BANKS IN MALAYSIA & ANOR (INTERVENERS)  7 CLJ 541
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP PCA, HASAN LAH FCJ, RAMLY ALI FCJ, ZAHARAH IBRAHIM FCJ, JEFFREY TAN FCJ
[CIVIL APPEAL NO: 02(f)-7-02-2017(K)]
15 MAY 2019
There is no express prohibition, under the Kedah Malay Reservations Enactment No. 63, against the creation of a charge over Malay Reservation Land, by a Malay, in favour of a non-Malay.
LAND LAW: Malay Reservation Land - Charge - Bank granted facilities to non-Malay borrower company - Malay man executed charge over Malay Reservation Land to secure facilities - Borrower defaulted in repayment of loan - Whether vesting of interest in Malay Reservation Land to non-Malay by way of third party charge valid - Whether fact that non-Malay was non-natural person relevant - Whether there is conflict between second paragraph in Schedule A and s. 6(2) of Kedah Malay Reservations Enactment No. 63 - Whether there is statutory provision prohibiting Malay Reservation Land, owned by a Malay, from being charged to any party who is not categorised as Malay
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