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Issue #33/2018
16 August 2018
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New This Week
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HASSAN MARSOM & ORS v. MOHD HADY YA'AKOP [2018] 7 CLJ 403
FEDERAL COURT, PUTRAJAYA
RICHARD MALANJUM CJ (SABAH & SARAWAK), HASAN LAH FCJ, BALIA YUSOF WAHI FCJ, AZIAH ALI FCJ, JEFFREY TAN FCJ
[CIVIL APPEAL NO: 01(f)-27-09-2016(M)]
07 JUNE 2018
TORT: False imprisonment – Unlawful detention by police – Claimant blindfolded, stripped and assaulted by police during interrogation – Claimant detained following remand order issued by Magistrate – Claim for damages – Whether arrest lawful – Whether detention under remand orders valid – Whether remand order properly issued by Magistrate – Whether remand order may be challenged by collateral proceeding – Protection afforded under s. 32 of Police Act 1967 – Whether damages awarded appropriate – Criminal Procedure Code, ss. 117 & 119
CONSTITUTIONAL LAW: Fundamental liberties – Right to life and liberty – Claimant blindfolded, stripped and assaulted by police during interrogation – Claimant detained following remand order issued by Magistrate – Whether arrest lawful – Whether detention under remand orders valid – Whether detention lawful – Whether in breach of claimant’s constitutional right – Federal Constitution, art. 5
NURUL IZZAH ANWAR v. TAN SRI KHALID ABU BAKAR & ANOR [2018] 7 CLJ 622
HIGH COURT MALAYA, KUALA LUMPUR
FAIZAH JAMALUDIN JC
[CIVIL SUIT NO: 23NCVC-88-11-2015]
18 APRIL 2018
TORT: Defamation – Libel – Statements made by Inspector General of Police and Minister of Rural and Regional Development (defendants) at press conferences – Whether defamatory of complainant – Whether impugned statements exposed complainant to hatred, ridicule and contempt – Statements not made by ordinary men but authoritative figures holding top positions in country – Whether reasonable for ordinary men hearing or reading statements to infer they spoke with authority, truth or knowledge – Whether statements made in occasion of privilege – Whether defence of qualified privilege applicable – Whether privileges defeated by presence of express malice – Failure to particularise which words in respective statements were comments and facts – Whether defendants succeeded in proving statements were fair comments – Damages – Factors considered – Seriousness of libel and impact on complainant’s reputation
TORT: Defamation – Libel – Qualified privilege – Defence of – Statements made by Inspector General of Police and Minister of Rural and Regional Development at press conferences – Whether defamatory of complainant – Whether impugned statements exposed complainant to hatred, ridicule and contempt – Whether statements made in occasion of privilege – Whether defence of qualified privilege applicable – Whether privileges defeated by presence of express malice – Damages – Factors considered – Whether impugned statements serious libel made against Member of Parliament
TORT: Defamation – Libel – Fair comment – Defence of – Statements made by Inspector General of Police and Minister of Rural and Regional Development at press conferences – Whether defamatory of complainant – Whether impugned statements exposed plaintiff to hatred, ridicule and contempt – Failure to particularise which words in respective statements were comments and facts – Whether defendants succeeded in proving statements were fair comments – Damages – Factors considered
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Jallow Cherno v. PP [2018] 1 LNS 594 (CA) affirming the High Court case of PP v. Jallow Cherno (W/NIGERIA) [2016] 1 LNS 363
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Murugan Manoharan v. PP [2017] 1 LNS 1728 (CA) affirming the High Court case of PP v. Murugan Manoharan [Criminal Trial No.: TWU - 45A - 13/11- 2013]
Legal Network Series
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LOGESWARAN SUBRAMANIAM lwn. PP PROSEDUR JENAYAH: Pertuduhan - Pembetulan - Pembetulan pertuduhan di peringkat rayuan - Tertuduh diprejudiskan atas pertuduhan yang salah - Sama ada pihak pendakwaan boleh membetulkan pertuduhan melalui s. 422 Kanun Tatacara Jenayah di peringkat rayuan UNDANG-UNDANG JENAYAH: Rogol - Seksyen 376 & 511 Kanun Keseksaan - Ketiadaan keterangan sokongan - Mangsa sempat melarikan diri - Percubaan untuk penetrasi terhalang - Sama ada penetrasi perlu dibuktikan dalam menyabitkan tertuduh atas pertuduhan rogol - Sama ada pertuduhan adalah salah dan defektif serta telah memprejudiskan tertuduh - Sama ada tertuduh wajar dilepaskan dan dibebaskan daripada pertuduhan di bawah s. 376 & 511 Kanun Keseksaan
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UNITED OVERSEAS BANK (MALAYSIA) BHD v. VORTEX DEW (M) SDN BHD & ORS CIVIL PROCEDURE: Setting aside - Default judgment - Delay in application - Delay of 8 days - Delay due to Chinese new year - Whether reason provided for delay was acceptable - Whether service of cause papers were properly effected - Rules of Court 2012, O. 13 r. 8 & O. 42 r. 13 CONTRACT: Guarantee - Discharge of guarantor's liability - Variation of agreement between principal debtor and bank - Whether variation to agreement and indulgences granted by bank to principal debtor discharged guarantor from liability under ss. 86 & 88 of Contracts Act 1950 - Whether guarantor could call on ss. 92, 94 of Contracts Act 1950 to his aid
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TETUAN SARBJIT & CO v. KUMPULAN BUMIKLAS SDN BHD; FANG MENG KONG (APPLICANT) COMPANY LAW: Winding up - Leave to initiate action against company in liquidation - Claim premised upon a purported scheme of arrangement not yet sanctioned by court - Whether claim could be adequately dealt with by the winding up court - Whether a prima facie case has been established - Whether there was a real dispute between parties premised on a scheme - Whether proposed cause of action was premised on a valid scheme - Companies Act 1965, s. 226(3) COMPANY LAW: Scheme of arrangement - Approval by court - Effect of court sanctioned scheme of arrangement - Whether only scheme of arrangement which has been sanctioned by court is binding on all creditors and purchasers - Whether court sanctioned scheme of arrangement is binding upon a non-participating purchaser - Companies Act 1965, s. 176
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TENAGA NASIONAL BHD v. NATIONGATE TECHNOLOGY (M) SDN BHD CIVIL PROCEDURE: Striking out - Writ and statement of claim - Action re-filed after earlier suit withdrawn - Rules of pleadings - Action to recover for unrecorded, undercharged, and back billing of consumption of electricity - Precise mathematical formulae and supporting data not pleaded in statement of claim - Whether there was prima facie justification for defendant to strike out writ and statement of claim - Whether pleading could be saved by an appropriate amendment to particularise plaintiff's claim
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W JURIYAH W SIDIK & SATU LAGI lwn. VIPHARD SENG BOON GANTIRUGI: Gantirugi khas - Kehilangan pendapatan - Kehilangan pendapatan akibat kemalangan jalan raya - Kehilangan pendapatan hanya bersandarkan kepada keterangan lisan sahaja - Dakwaan bayaran upah dibuat secara tunai tanpa rekod - Laporan perubatan menyatakan plaintif bekerja sendiri - Sama ada ketiadaan apa-apa dokumen daripada majikan menimbulkan keraguan berkenaan status pekerjaan plaintif - Sama ada kehilangan pendapatan perlu dibuktikan GANTIRUGI: Rayuan - Awad - Kecederaan kepala - Hakim bicara memberikan awad sebanyak RM280,000 - Sama ada awad yang diberikan oleh hakim bicara adalah berlandaskan prinsip undang-undang dan trend semasa
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ABDUL RAZAK BAZHEER AHAMED & ANOR lwn. NG KUANG YEW & ANOR LALULINTAS JALAN: Tuntutan - Kemalangan motosikal dan kereta - Memasuki laluan bertentangan - Isu - Liabiliti dan kuantum - Gantirugi am dan khas
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CLJ 2018 Volume 7 (Part 4)
FEDERAL COURT
Hassan Marsom & Ors v. Mohd Hady Ya'akop
Richard Malanjum CJ (Sabah & Sarawak), Hasan Lah, Balia Yusof Wahi, Aziah Ali, Jeffrey Tan FCJJ
(Tort; Constitutional Law - False imprisonment - Unlawful detention by police - Constitutional right) [2018] 7 CLJ 403 [FC]
For the appellants - Kamal Azira Hassan & Zureen Elina Mohd Dom; SFCs
For the respondent - J Amardas & Terence Chan Yoong Tian; M/s KP Ng & Amardas
Amicus Curiae - Salim Bashir; Bar Council Malaysia
COURT OF APPEAL
Director Of Forest Sarawak & Ors v. Nicholas Mujah Ason & Ors
Balia Yusof Wahi, Tengku Maimun Tuan Mat, Varghese George JJCA
(Land Law - Claim for native customary right over area of land - Whether there was encroachment and trespass) [2018] 7 CLJ 460 [CA]
For the appellants - Mohd Adzrul Adzlan; State Legal Counsel, Sarawak
For the respondents - Baru Bian, Simon Siah SY Jen & Chua Kuan Ching; M/s Baru Bian, Advocs
Kanawagi Seperumaniam v. PP
Mohd Zawawi Salleh, Ahmadi Asnawi, Hasnah Mohammed Hashim JJCA
(Criminal Procedure - Charge - Setting aside - Perjury) [2018] 7 CLJ 475 [CA]
For the appellant - Manjeet Singh Dillon; M/s Melissa Ram
For the respondent - Fatnin Yusof; DPP
HIGH COURT
Flextronics Shah Alam Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
Vazeer Alam Mydin Meera J
(Civil Procedure; Revenue Law - Income tax - Additional assessment - Judicial review to quash notices of additional assessment) [2018] 7 CLJ 487 [HC]
Counsel (information not available)
PP v. Sopian Othman & Anor And Another Case
SM Komathy JC
(Criminal Law; Evidence - Dangerous drugs - Trafficking - Whether there was break in chain of evidence) [2018] 7 CLJ 501 [HC]
For the 1st accused - Ghazali Taib; M/s Noor Jihan, Ghazali & Co
For the 2nd accused - Geethan Ram Vincent & Lavanyia Raja; M/s Geethan Ram
For the prosecution - Farah Wahida Mad Nor; DPP
PP v. Suahaili Hassan & Anor
Alwi Abdul Wahab JC
(Criminal Law; Criminal Procedure - Offence of smuggling illegal immigrants - Whether court must consider geographical boundaries) [2018] 7 CLJ 511 [HC]
For the prosecution - Khairunnizam Mohd Ideris; DPP
For the accused - Kamarudin Mohmad Chinki & Ram Singh; M/s Chang & Kamarudin
Transmission Technology Sdn Bhd v. PESB Engineering Sdn Bhd & Another Case
Mohd Ivan Hussein JC
(Construction Law - Adjudication - Setting aside - Whether adjudicator acted in excess of jurisdiction) [2018] 7 CLJ 516 [HC]
For the appellant - M/s Amrit & Co
For the respondent - M/s Azman Davidson & Co
Yee Thian Futt & Ors v. Liew San Kian & Ors
Stephen Chung J
(Tort - Negligence - Explosion and fire caused damage to adjacent building - Whether due to negligence) [2018] 7 CLJ 526 [HC]
For the plaintiffs - Alvin Yong & Shirleen Ong; M/s Alvin Yong Advocs
For the defendants - KC Wong; M/s KC Wong & Assocs
SUBJECT INDEX
CIVIL PROCEDURE
Judicial review - Application for - Revenue law - Applicant sought order to quash notices of additional assessment - Whether notices of additional assessment valid - Whether commission payments deductible - Power to make transfer pricing adjustments - Whether there was provision for domestic remedy to address applicant's complaints - Whether applicant exhausted statutory appeal mechanism - Whether leave for judicial review ought to be granted - Rules of Court 2012, O. 53 r. 3(1)
Flextronics Shah Alam Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Vazeer Alam Mydin Meera J) [2018] 7 CLJ 487 [HC]
CONSTITUTIONAL LAW
Fundamental liberties - Right to life and liberty - Claimant blindfolded, stripped and assaulted by police during interrogation - Claimant detained following remand order issued by Magistrate - Whether arrest lawful - Whether detention under remand orders valid - Whether detention lawful - Whether in breach of claimant's constitutional right - Federal Constitution, art. 5
Hassan Marsom & Ors v. Mohd Hady Ya'akop
(Richard Malanjum CJ (Sabah & Sarawak), Hasan Lah, Balia Yusof Wahi, Aziah Ali, Jeffrey Tan FCJJ) [2018] 7 CLJ 460 [CA]
CONSTRUCTION LAW
Adjudication - Setting aside - Grounds - Whether adjudicator acted in excess of jurisdiction - Whether there was denial of justice - Whether payment claims were in respect of works under same project - Whether plaintiff showed denial of opportunity to be heard - Whether plaintiff allowed to render written response to adjudication response - Whether matters raised within scope of s. 15 of Construction Industry Payment and Adjudication Act 2012
Transmission Technology Sdn Bhd v. PESB Engineering Sdn Bhd & Another Case
(Mohd Ivan Hussein JC) [2018] 7 CLJ 516 [HC]
CRIMINAL LAW
Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 - Section 26A - Offence of smuggling illegal immigrants - Accused persons pleaded guilty - Sentencing - Mitigating factors - Whether court must consider geographical boundaries - Trend of sentencing - Whether six years' imprisonment reasonable and appropriate
PP v. Suahaili Hassan & Anor
(Alwi Abdul Wahab JC) [2018] 7 CLJ 511 [HC]
Dangerous drugs - Trafficking - Drugs found in car and pocket of trousers - Whether drugs seized analysed and confirmed by chemist to be dangerous drugs - Whether drugs tampered with - Whether there was proper handling of drug exhibits - Whether there was break in chain of evidence - Whether ingredients of trafficking satisfied - Whether prosecution successfully established prima facie case - Penal Code, ss. 39B(1)(a) & 12(2)
PP v. Sopian Othman & Anor And Another Case
(SM Komathy JC) [2018] 7 CLJ 501 [HC]
CRIMINAL PROCEDURE
Charge - Setting aside - Application for - Perjury - Whether charge could be brought against accused arising from testimony during cross-examination by prosecution at defence stage - Whether prosecution ought to be allowed to present or offer evidence substantiating charge - Whether premature to conclude whether prosecution would be able to prove case under s. 193 of Penal Code - Whether accused could claim denial of due process - Whether application ought to be dismissed
Kanawagi Seperumaniam v. PP
(Mohd Zawawi Salleh, Ahmadi Asnawi, Hasnah Mohammed Hashim JJCA) [2018] 7 CLJ 475 [CA]
Sentencing - Offences - Offence of smuggling illegal immigrants - Accused persons pleaded guilty - Mitigating factors - Whether court must consider geographical boundaries - Trend of sentencing - Whether six years' imprisonment reasonable and appropriate - Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, s. 26A
PP v. Suahaili Hassan & Anor
(Alwi Abdul Wahab JC) [2018] 7 CLJ 511 [HC]
EVIDENCE
Witness - Credibility - Testimony of witness in drug-trafficking charge - Whether testimony reliable - Whether testimony probable - Whether statements consistent - Whether there were discrepancies - Whether safe to accept testimony of witness
PP v. Sopian Othman & Anor And Another Case
(SM Komathy JC) [2018] 7 CLJ 501 [HC]
LAND LAW
Native customary right - Claim for - Claim for native customary right over area of land - Whether logging activities by timber companies legal - Whether there was encroachment and trespass - Whether construction of rail line caused damage to environment - Whether affected claimants' livelihood - Whether there was delay in commencing action - Whether claimant successfully established native customary rights over area of land
Director Of Forest Sarawak & Ors v. Nicholas Mujah Ason & Ors
(Balia Yusof Wahi, Tengku Maimun Tuan Mat, Varghese George JJCA) [2018] 7 CLJ 460 [CA]
Trespass - Allegation of - Claim for native customary right over area of land - Whether logging activities by timber companies legal - Whether there was encroachment and trespass - Whether construction of rail line caused damage to environment - Whether affected claimants' livelihood - Whether claimant successfully proved case of trespass
Director Of Forest Sarawak & Ors v. Nicholas Mujah Ason & Ors
(Balia Yusof Wahi, Tengku Maimun Tuan Mat, Varghese George JJCA) [2018] 7 CLJ 460 [CA]
REVENUE LAW
Income tax - Additional assessment - Application for judicial review to quash notices of additional assessment - Whether notices of additional assessment valid - Whether commission payments deductible - Power to make transfer pricing adjustments - Whether there was provision for domestic remedy to address applicant's complaints - Whether applicant exhausted statutory appeal mechanism - Income Tax Act 1967, ss. 33(1), 91(1) & 140
Flextronics Shah Alam Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri
(Vazeer Alam Mydin Meera J) [2018] 7 CLJ 487 [HC]
TORT
False imprisonment - Unlawful detention by police - Claimant blindfolded, stripped and assaulted by police during interrogation - Claimant detained following remand order issued by Magistrate - Claim for damages - Whether arrest lawful - Whether detention under remand orders valid - Whether remand order properly issued by Magistrate - Whether remand order may be challenged by collateral proceeding - Protection afforded under s. 32 of Police Act 1967 - Whether damages awarded appropriate - Criminal Procedure Code, ss. 117 & 119
Hassan Marsom & Ors v. Mohd Hady Ya'akop
(Richard Malanjum CJ (Sabah & Sarawak), Hasan Lah, Balia Yusof Wahi, Aziah Ali, Jeffrey Tan FCJJ) [2018] 7 CLJ 403 [FC]
Negligence - Damages - Claim for - Explosion and fire caused damage to adjacent building - Whether explosion and fire due to defendants' negligence - Whether agrochemicals and fertilizers stored aggravated cause of fire - Whether defendants owed duty of care to plaintiffs - Whether defendants breached duty of care - Whether damage caused by explosions to neighbouring building foreseeable - Whether causation established
Yee Thian Futt & Ors v. Liew San Kian & Ors
(Stephen Chung J) [2018] 7 CLJ 526 [HC]
CLJ 2018 Volume 7 (Part 5)
COURT OF APPEAL
Ooi Poh Ean & Anor v. Lembaga Pembangunan Langkawi
Mohd Hishamudin Yunus, David Wong Dak Wah, Umi Kalthum Abdul Majid JJCA
(Land Law - Malay reservations - Indefeasibility of title - Whether lands transferred were Malay reserved lands) [2018] 7 CLJ 541 [CA]
For the appellants - Loo Yook Khin; M/s Law Chambers of YK Loo & Cheng
For the respondent - Rao Suryana; M/s Rao Suryana
PP v. Li Qian
Rohana Yusuf, Yaacob Md Sam, Rhodzariah Bujang JJCA
(Criminal Law; Criminal Procedure - Dangerous Drugs Act 1952 - Defence of innocent carrier - Appeal against acquittal and discharge) [2018] 7 CLJ 557 [CA]
For the appellant - Nik Syahril Ab Rahman; DPP
For the respondent - Tan Choon Hong; M/s Choon Hong & Assocs
RHB Bank Bhd v. YB Menteri Sumber Manusia Malaysia & Anor
Hamid Sultan Abu Backer, Varghese George, Zamani A Rahim JJCA
(Administrative Law; Labour Law - Application to quash decision of Minister giving recognition to trade union) [2018] 7 CLJ 570 [CA]
For the appellant - Romesh Abraham & David Ng; M/s Shook Lin & Bok
For the 1st respondent - Rozielawaty Ab Ghani & Raihana Maimunah Rushdi; SFCs
For the 2nd respondent - Azmer Md Saad; M/s Lainah Yaacob & Zulkepli
Zulina Mohd Omar v. Public Bank Bhd
Lim Yee Lan, Zaleha Yusof, Harmindar Singh Dhaliwal JJCA
(Land Law - Charge - Sale of property - Chargor adjudicated bankrupt - Whether spouse of chargor had beneficial interest in property) [2018] 7 CLJ 586 [CA]
For the appellant - M/s Zubeda & Amarjeet
For the respondent - M/s Iza Ng Yeoh & Kit
HIGH COURT
Malvinder Kaur Jaswant Singh v. Avinder Singh Karnail Singh & Ors
Hayatul Akmal Abdul Aziz JC
(Civil Procedure - Contempt of court - Breach of consent order) [2018] 7 CLJ 599 [HC]
For the plaintiff - R Kandiah; M/s Mohd Latip & Assocs
For the 1st defendant - Vignesvary Alahakone; M/s Alahakone & Co
NGV Tech Sdn Bhd & Anor v. Network South Pacific Limited
Azizah Nawawi J
(Civil Procedure - Application to set aside consent judgment - Whether there was irregularity in consent judgment) [2018] 7 CLJ 609 [HC]
For the plaintiffs - KK Chan & Winnou Chung; M/s Shook Lin & Bok
For the defendant - K Selva Kumaran & G Shanker; M/s Rose Hussin
Nurul Izzah Anwar v. Tan Sri Khalid Abu Bakar & Anor
Faizah Jamaludin JC
(Tort - Defamation - Libel - Whether impugned statements exposed complainant to hatred, ridicule and contempt - Qualified privilege - Fair comment - Damages) [2018] 7 CLJ 622 [HC]
For the plaintiff - Sivarasa Rasiah & Toh Seng Wee; M/s Daim & Gamany
For the 1st defendant & 2nd defendant - Nor Mastura Ayub, & Zureen Elina Hj Mohd Dom; SFCs
Sunway D'Mont Kiara Sdn Bhd v. Pesuruhjaya Khas Cukai Pendapatan & Another Case
Asmabi Mohamad J
(Civil Procedure; Revenue Law - Judicial review - Application - Application to quash decision of Special Commissioners of Income Tax - Judgments and orders - Binding effect) [2018] 7 CLJ 666 [HC]
For the applicant - Mr Jason Tan; M/s Lee Hishamuddin Allen & Gledhill
For the respondent - Shamsul Bolhassan & M Kogilambigai; SFCs
SUBJECT INDEX
ADMINISTRATIVE LAW
Judicial review - Application for - Application to quash decision of Minister giving recognition to trade union - Appeal against High Court Judge's refusal to quash decision of Minister - Whether valid questions of law arose for consideration - Whether abuse of court process - Whether courts permitted to scrutinise decision for process and substance - Whether relevant information furnished - Whether bank consented to procedure relating to ballot by employees concerned - Whether documents submitted for purpose of secret balloting referred to officers in relevant category - Whether bank could deny trade union its recognition - Industrial Relations Act 1967, s. 9
RHB Bank Bhd v. YB Menteri Sumber Manusia Malaysia & Anor
(Hamid Sultan Abu Backer, Varghese George, Zamani A Rahim JJCA) [2018] 7 CLJ 570 [CA]
CIVIL PROCEDURE
Contempt of court - Breach of consent order - Husband and wife entered into consent order regarding custody, care and control of child - Husband initiated committal proceedings against wife due to breach of consent order - Wife applied to vary consent order before committal proceedings could be heard - Whether wife's application ought to be allowed - Whether contempt of consent order had been purged - Rules of Court 2012, O. 52 r. 2(1)
Malvinder Kaur Jaswant Singh v. Avinder Singh Karnail Singh & Ors
(Hayatul Akmal Abdul Aziz JC) [2018] 7 CLJ 599 [HC]
Judgments and orders - Binding effect - Retrospective effect - Cases decided in 2004 relied on cases decided in 2006 and 2013 - Whether allowed - Whether against public policy
Sunway D'Mont Kiara Sdn Bhd v. Pesuruhjaya Khas Cukai Pendapatan & Another Case
(Asmabi Mohamad J) [2018] 7 CLJ 666 [HC]
Judicial review - Application - Application to quash decision of Special Commissioners of Income Tax ('SCIT') - SCIT rejected applicants' applications for extension of time to lodge notices of appeal - Whether applicants able to show reasonable cause that they were prevented from filing notice of appeal - Whether there was failure by SCIT to give reasons for rejecting applicants' application - Whether decision suffered from infirmities of illegality, irrationality and procedural impropriety - Income Tax Act 1967, s. 100(2), (4) & (5)
Sunway D'Mont Kiara Sdn Bhd v. Pesuruhjaya Khas Cukai Pendapatan & Another Case
(Asmabi Mohamad J) [2018] 7 CLJ 666 [HC]
Setting aside - Consent judgment - Application to set aside consent judgment - Whether there were grounds warranting setting aside of consent judgment - Whether there was irregularity in consent judgment - Whether consent judgment vitiated by fraud, misrepresentation and total failure of consideration - Whether consent judgment tainted with illegality - Whether consent judgment ought to be set aside
NGV Tech Sdn Bhd & Anor v. Network South Pacific Limited
(Azizah Nawawi J) [2018] 7 CLJ 609 [HC]
CRIMINAL LAW
Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in dangerous drugs - Defence of innocent carrier - Whether defeated by act of wilful blindness - Whether defence evidence credible - Whether accused accepted as credible witness - Whether accused showed conduct of person with guilty mind - Whether presumption of knowledge rebutted - Whether safe to convict accused
PP v. Li Qian
(Rohana Yusuf, Yaacob Md Sam, Rhodzariah Bujang JJCA) [2018] 7 CLJ 557 [CA]
CRIMINAL PROCEDURE
Appeal - Appeal against acquittal and discharge - Offence of trafficking in dangerous drugs - Defence of innocent carrier - Whether defeated by act of wilful blindness - Whether defence evidence credible - Whether accused accepted as credible witness - Whether accused showed conduct of person with guilty mind - Whether presumption of knowledge rebutted - Whether safe to convict accused - Dangerous Drugs Act 1952, s. 39B(1)(a)
PP v. Li Qian
(Rohana Yusuf, Yaacob Md Sam, Rhodzariah Bujang JJCA) [2018] 7 CLJ 557 [CA]
LABOUR LAW
Trade union - Recognition - Minister giving recognition to trade union - Appeal against - Whether valid questions of law arose for consideration - Whether abuse of court process - Whether courts permitted to scrutinise decision for process and substance - Whether relevant information furnished - Whether bank consented to procedure relating to ballot by employees concerned - Whether documents submitted for purpose of secret balloting referred to officers in relevant category - Whether bank could deny trade union its recognition - Industrial Relations Act 1967, s. 9
RHB Bank Bhd v. YB Menteri Sumber Manusia Malaysia & Anor
(Hamid Sultan Abu Backer, Varghese George, Zamani A Rahim JJCA) [2018] 7 CLJ 570 [CA]
LAND LAW
Charge - Sale of property - Chargor adjudicated bankrupt - Order for sale of property - Whether spouse of chargor (applicant) had beneficial interest in property - Doctrine of equity of redemption in English Law - Whether applicable in Malaysia - Whether applicable to statutory charge under National Land Code - Application for redemption statement by applicant vide originating summons - Whether applicant had locus standi - Whether redemption statement correctly and properly issued
Zulina Mohd Omar v. Public Bank Bhd
(Lim Yee Lan, Zaleha Yusof, Harmindar Singh Dhaliwal JJCA) [2018] 7 CLJ 586 [CA]
Malay reservations - Indefeasibility of title - Sale and purchase of properties - Transfer of lands to purchasers - Whether lands transferred were Malay Reserved lands - Whether transferor was Malay - Whether transfer legal and valid - Whether purchasers held good title over lands - Whether title indefeasible - Kedah Enactment No. 63 (Malay Reservations), s. 6 - National Land Code, s. 340
Ooi Poh Ean & Anor v. Lembaga Pembangunan Langkawi
(Mohd Hishamudin Yunus, David Wong Dak Wah, Umi Kalthum Abdul Majid JJCA) [2018] 7 CLJ 541 [CA]
Title - Indefeasibility - Sale and purchase of properties - Transfer of lands to purchasers - Whether lands transferred were Malay Reserved lands - Whether transferor was Malay - Whether transfer legal and valid - Whether purchasers held good title over lands - Whether title indefeasible - Kedah Enactment No. 63 (Malay Reservations), s. 6 - National Land Code, s. 340
Ooi Poh Ean & Anor v. Lembaga Pembangunan Langkawi
(Mohd Hishamudin Yunus, David Wong Dak Wah, Umi Kalthum Abdul Majid JJCA) [2018] 7 CLJ 541 [CA]
REVENUE LAW
Income tax - Appeal - Special Commissioners of Income Tax ('SCIT') rejected applicants' applications for extension of time to lodge notices of appeal - Whether applicants able to show reasonable cause that they were prevented from filing notice of appeal - Whether there was failure by SCIT to give reasons for rejecting applicants' application - Whether decision suffered from infirmities of illegality, irrationality and procedural impropriety - Income Tax Act 1967, s. 100(2), (4) & (5)
Sunway D'Mont Kiara Sdn Bhd v. Pesuruhjaya Khas Cukai Pendapatan & Another Case
(Asmabi Mohamad J) [2018] 7 CLJ 666 [HC]
TORT
Defamation - Libel - Fair comment - Defence of - Statements made by Inspector General of Police and Minister of Rural and Regional Development at press conferences - Whether defamatory of complainant - Whether impugned statements exposed plaintiff to hatred, ridicule and contempt - Failure to particularise which words in respective statements were comments and facts - Whether defendants succeeded in proving statements were fair comments - Damages - Factors considered
Nurul Izzah Anwar v. Tan Sri Khalid Abu Bakar & Anor
(Faizah Jamaludin JC) [2018] 7 CLJ 622 [HC]
Defamation - Libel - Qualified privilege - Defence of - Statements made by Inspector General of Police and Minister of Rural and Regional Development at press conferences - Whether defamatory of complainant - Whether impugned statements exposed complainant to hatred, ridicule and contempt - Whether statements made in occasion of privilege - Whether defence of qualified privilege applicable - Whether privileges defeated by presence of express malice - Damages - Factors considered - Whether impugned statements serious libel made against Member of Parliament
Nurul Izzah Anwar v. Tan Sri Khalid Abu Bakar & Anor
(Faizah Jamaludin JC) [2018] 7 CLJ 622 [HC]
Defamation - Libel - Statements made by Inspector General of Police and Minister of Rural and Regional Development (defendants) at press conferences - Whether defamatory of complainant - Whether impugned statements exposed complainant to hatred, ridicule and contempt - Statements not made by ordinary men but authoritative figures holding top positions in country - Whether reasonable for ordinary men hearing or reading statements to infer they spoke with authority, truth or knowledge - Whether statements made in occasion of privilege - Whether defence of qualified privilege applicable - Whether privileges defeated by presence of express malice - Failure to particularise which words in respective statements were comments and facts - Whether defendants succeeded in proving statements were fair comments - Damages - Factors considered - Seriousness of libel and impact on complainant's reputation
Nurul Izzah Anwar v. Tan Sri Khalid Abu Bakar & Anor
(Faizah Jamaludin JC) [2018] 7 CLJ 622 [HC]
LNS Article(s)
FOREIGN INVESTMENT OPPORTUNITIES IN MALAYSIA* [Read excerpt]
Ong Jun Loong [2018] 1 LNS(A) lxxiiRISKY BUSINESS* The legal hazards of relationships in the workplace [Read excerpt]
JOHN WILSON** KIERAN PENDER*** [2018] 1 LNS(A) lxxiiiEXPOUNDING THE CONCEPT OF HUMAN RIGHT AND THE POLICE: AN X-RAY OF LAW WITHIN THE NIGERIAN POLICE FORCE [Read excerpt]
JAMES FRIDAY PRAISE* OLUMILUA ENIOLA OLUFUNMILAYO** [2018] 1 LNS(A) lxxiv
Principal Acts
| Number | Title | In force from | Repealing |
| ACT 804 | Dental Act 2018 | Not Yet In Force | - |
| ACT 803 | Anti-Fake News Act 2018 | 11 April 2018 [PU(B) 174/2018] | - |
| ACT 802 | Private Aged Healthcare Facilities and Services Act 2018 | Not Yet In Force | - |
| ACT 801 | Finance (No. 2) Act 2017 | As provided in the Act except s 20 - 23; 1 January 2018 [PU(B) 610/2017] - s 20, 21 and 23; 1 October 2018 [PU(B) 610/2017] - s 22 | - |
| ACT 800 | Employment Insurance System Act 2017 | 1 January 2018 [PU(B) 606/2017] | - |
Amending Acts
| Number | Title | In force from | Principal/Amending Act No |
| ACT A1570 | Sports Development (Amendment) Act 2018 | Not Yet In Force | ACT 576 |
| ACT A1569 | Arbitration (Amendment) (No. 2) Act 2018 | 8 May 2018 [PU(B) 265/2018] | ACT 646 |
| ACT A1568 | Fire Services (Amendment) Act 2018 | Not Yet In Force | ACT 341 |
| ACT A1567 | Malaysian Anti-Corruption Commission (Amendment) Act 2018 | Not Yet In Force | ACT 694 |
| ACT A1566 | Limitation (Amendment) Act 2018 | Not Yet In Force | ACT 254 |
PU(A)
| Number | Title | Date of Publication | In force from | Principal/ Amending Act No |
| PU(A) 193/2018 | Federal Roads (West Malaysia) (Amendment) (No. 7) Order 2018 | 14 August 2018 | 15 August 2018 | PU(A) 401/1989 |
| PU(A) 192/2018 | Universiti Teknikal Malaysia Melaka (Incorporation) (Relocation) Order 2018 | 14 August 2018 | 15 August 2018 | ACT 30 |
| PU(A) 191/2018 | Universiti Teknikal Malaysia Melaka (Incorporation) (Amendment) Order 2018 | 14 August 2018 | 1 February 2007 | PU(A) 43/2007 |
| PU(A) 190/2018 | Dental (Exemption) Order 2018 | 9 August 2018 | 10 August 2018 | ACT 51 |
| PU(A) 189/2018 | Federal Roads (West Malaysia) (Amendment) (No. 6) Order 2018 | 9 August 2018 | 10 August 2018 | PU(A) 401/1989 |
PU(B)
| Number | Title | Date of Publication | In force from | Principal/ Amending Act No |
| PU(B) 484/2018 | Appointment of Probation Officers | 9 August 2018 | 10 August 2018 | ACT 611 |
| PU(B) 483/2018 | Appointment of Protectors | 9 August 2018 | 10 August 2018 | ACT 611 |
| PU(B) 482/2018 | Appointment of Authorized Officers | 9 August 2018 | 10 August 2018 | ACT 506 |
| PU(B) 481/2018 | Appointment of Authorized Officers | 9 August 2018 | 10 August 2018 | ACT 308 |
| PU(B) 480/2018 | Determination of Electoral Roll For The By-Election of N.32 Seri Setia | 8 August 2018 | 9 August 2018 | PU(A) 293/2002 |
Legislation Alert
Updated
| Act/Principal No. | Title | Amended by | In force from | Section amended |
| PU(A) 43/2007 | Universiti Teknikal Malaysia Melaka (Incorporation) Order 2007 | PU(A) 191/2018 | 1 February 2007 | Paragraph 2 |
| ACT 51 | Dental Act 1971 | PU(A) 184/2018 | 3 August 2018 | Second Schedule |
| ACT 371 | Registration of Pharmacists Act 1951 (Revised 1989) | PU(A) 182/2018 | 1 January 2022 | First Schedule |
| ACT 366 | Poisons Act 1952 (Revised 1989) | PU(A) 179/2018 | 1 August 2018 | Third Schedule |
| PU(A) 445/2017 | Customs Duties (Exemption) Order 2017 | PU(A) 166/2018 | 18 July 2018 | Schedule |
Revoked
| Act/Principal No. | Title | Revoked by | In force from |
| PU(A) 461/1997 | Fees (National Planetarium) Order 1997 | PU(A) 177/2018 | 30 July 2018 |
| PU(A) 349/2016 | Price Control and Anti-Profiteering (Mechanism to Determine Unreasonably High Profit For Goods) Regulations 2016 | PU(A) 130/2018 | 6 June 2018 |
| PU(A) 184/2013 | Ministers of the Federal Government (No. 2) Order 2013 | PU(A) 125/2018 | 10 May 2018 |
| PU(A) 187/2014 | Goods and Services Tax (Imposition of Tax For Supplies in Respect of Designated Areas) Order 2014 | PU(A) 123/2018 | 1 June 2018 |
| PU(A) 185/2014 | Goods and Services Tax (Application to Government) Order 2014 | PU(A) 122/2018 | 1 June 2018 |