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Issue #3/2019
17 January 2019

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New This Week

  1. Case(s) of the Week

    1. MALAYAN BANKING BHD v. GAN BEE SAN & ORS AND ANOTHER APPEAL; SKS FOAM (M) SDN BHD (INTERVENER) [2019] 1 CLJ 575

  2. Appeal Updates

    1. Appeal Updates

  3. Latest Cases

    1. Legal Network Series

    2. CLJ 2019 Volume 1 (Part 5)

  4. Articles

    1. LNS Article(s)

  5. Legislation Highlights

    1. Principal Acts

    2. Amending Acts

    3. PU(A)

    4. PU(B)

    5. Legislation Alert

CASE(S) OF THE WEEK

MALAYAN BANKING BHD v. GAN BEE SAN & ORS AND ANOTHER APPEAL;
SKS FOAM (M) SDN BHD (INTERVENER)
[2019] 1 CLJ 575
FEDERAL COURT, PUTRAJAYA
RICHARD MALANJUM CJ (SABAH & SARAWAK), ZAINUN ALI FCJ, ZAHARAH IBRAHIM FCJ,
ALIZATUL KHAIR OSMAN FCJ, ROHANA YUSUF FCJ
[CIVIL APPEALS NO: 02(f)-99-09-2017(B) & 02(i)-101-09-2017(B)]
22 NOVEMBER 2018

COMPANY LAW: Winding up – Setting aside – Appeal against – Winding up order made by Deputy Registrar – Whether Deputy Registrar had jurisdiction to issue winding up order – Whether matters and applications in court ought to be heard before judge in open court – Whether there was contravention of r. 5(1)(a) of Companies (Winding-up) Rules 1972 – Whether defect serious – Whether order ought to be set aside in interests of justice – Companies Act 1965, ss. 218 & 372(d)

CIVIL PROCEDURE: Jurisdiction – Deputy Registrar – Winding up order made by Deputy Registrar – Whether Deputy Registrar had jurisdiction to issue winding up order – Whether matters and applications in court ought to be heard before judge in open court – Whether there was contravention of r. 5(1)(a) Companies (Winding-up) Rules 1972 – Whether defect serious – Whether order ought to be set aside in interests of justice – Companies Act 1965, ss. 218 & 372(d)

WORDS AND PHRASES: ‘judge in open court’ – Companies (Winding-up) Rules 1972, r. 5(1) – Intention of lawgiver – Whether clear, precise and unambiguous – Whether matters and applications in court ought to be heard before judge in open court


APPEAL UPDATES  
  1. Hamdan Pulmahan v. PP [2018] 1 LNS 133 (CA) affirming the High Court case of PP v. Hamdan Pulmahan [2016] 1 LNS 1800

  2. TAHPS Group Berhad v. Pentadbir Tanah Daerah Raub [2018] 1 LNS 1359 (CA) affirming the High Court case of TAHPS Group Berhad v. Pentadbir Tanah Daerah Raub [Land Reference No: 15NCVC-19-10/2012]

LATEST CASES

Legal Network Series

[2018] 1 LNS 114

ALI JEMAN v. INDRANIKA JAYA SDN BHD & ORS

LAND LAW: Customary land - Native Customary Rights ('NCR') - Claim for NCR land - Land cleared and planted with rubber trees - Existence of competing claim by villagers - Need to establish that there is a customary law practiced by a community - Whether plaintiff could claim for native customary rights over land - Whether clearing of land was done by plaintiff and his family - Whether plaintiff had maintained land - Whether there was sufficient measure of control to prevent strangers from interfering with land

EVIDENCE: Adverse inference - Failure to call material witness - Allegation that witness was sick - Sick certificate not tendered - Whether proper case to invoke adverse inference

 For the plaintiff - Dominique Ng; M/s Dominique Ng & Associates
 For the 1st defendant - Peter Hii; M/s Loke, King, Goh & Partners
 For the 2nd defendant - Albert Tang; M/s Albert Tang
 For the 3rd and 4th defendants - Nur Azhar Bujang, State Legal Officer; State Attorney's General Chambers

[2018] 1 LNS 130

MUHAMMAD SHEQAL GONZALO v. PP

CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Offence of murder - Dispute on identification of accused - Reliance on circumstantial evidence - Trial judge relied on evidence of child witness which remain unchallenged - Whether findings of trial judge were premised on evidence that had been established and corroborated - Whether circumstantial evidence was enough to convict accused

EVIDENCE: Witness - Credibility - Witness was inconsistent in his evidence - Whether whole evidence of witness unreliable and ought to be rejected

 For the appellant - Zaleha Mohd Yusuf Pan
 For the respondent - TPR Norinna Bahadun

[2018] 1 LNS 139

YAP WENG KEN & ANOR v. MOHD HERO; BESRAYA (M) SDN BHD & ORS (THIRD PARTY) AND ANOTHER CASE

ROAD TRAFFIC: Negligence - Road accident - Collision between motorcycle and backhoe - Driver of backhoe admitted switched lanes without signal and collided into motorcycle - Road was closed and blocked for access at time of accident - Whether driver of backhoe was main cause of accident - Whether plaintiff was a trespasser and contributorily negligence

ROAD TRAFFIC: Negligence - Road accident - Liability of main contractor who was carrying out construction works on highway - Road was closed and blocked for access at time of accident - Whether main contractor had properly maintained and barricaded highway at time of accident - Whether there was negligence on part of main contractor

ROAD TRAFFIC: Road - Highway - Accident happened few days before highway was declared as a federal road and opened to public - Whether highway was a road pursuant to s. 2 of Road Transport Act 1987 at time of accident

CIVIL PROCEDURE: Pleading - Principles and procedures - Point of law - Whether failure to plead point of law would cause prejudice to other party

DAMAGES: Appeal - Assessment - Loss of earning - Trial judge arrived at sum of RM500 as plaintiff's average monthly income - Plaintiff's average monthly income was in fact RM2,300 without overtime - Whether calculation of loss of earning by trial judge was correct

 For the plaintiff/1st respondent - Sri Kumar; M/s The Chambers of Sri
 For the defendants/appellant - Amrit Kaur & Satwinder Singh; M/s Dhaliwal & Co
 For the 2nd Third Party/2nd respondent - Barvina Punnusamy; M/s Jayadeep Hari & Jamil

[2018] 1 LNS 321

PERTUBUHAN PELADANG KAWASAN RAUB lwn. ZOLKAFLI OMAR

UNDANG-UNDANG TANAH: Pencerobohan - Kebenaran - Pertikaian berkenaan kebenaran untuk mengusahakan tanaman di atas tanah - Defendan mendakwa pemilik terdahulu telah memberikan kebenaran untuk mengusahakan tanah - Ketiadaan bukti secara langsung - Tanah diusahakan oleh defendan untuk tempoh lima tahun tanpa sebarang bantahan oleh plaintif - Sama ada pemilik tanah mengetahui berkenaan pengusahaan projek di atas tanah - Sama ada defendan merupakan penceroboh - Sama ada pengusahaan tanaman adalah dengan kebenaran pemilik tanah - Sama ada plaintif telah terlewat dalam mengambil tindakan

KETERANGAN: Pembuktian - Gantirugi - Pencerobohan - Juruukur tanah tidak dipanggil untuk membuktikan butir-butir kerosakan keatas tanah - Penyandaran kepada gambar semata-mata - Sama ada kerugian telah dibuktikan - Sama ada ganti rugi nominal adalah munasabah

KETERANGAN: Dokumen - Kebolehterimaan - Ekshibit - Pembuat dokumen telah meninggal dunia - Pembuat dokumen tidak dipanggil untuk memberi keterangan - Dokumen asal tidak dikemukakan - Sama ada pra-syarat di bawah s. 73A(1)(a) Akta Keterangan 1950 telah dipenuhi

 Bagi pihak perayu/defendan - Sharifah Nurul Atiqah Syed Nasarudin; T/n Radzi & Abdullah
 Bagi pihak responden/plaintif - Hadir Sendiri

[2018] 1 LNS 332

MUHAMED KHAIRUL AZMI RAMLE & SATU LAGI lwn. ETIQA TAKAFUL BERHAD

INSURANS: Polisi insurans - Perlindungan - Penguatkuasaan - Kenderaan telah dijual tetapi polisi insuran diambil atas nama pemilik terdahulu - Ketiadaan pertukaran hakmilik secara rasmi - Sama ada polisi insurans telah terbubar secara automatik - Sama ada surat akuan telah diterima sebagai bukti urusan penjualan, pembelian dan pemindahan kepentingan - Sama ada pemilik terdahulu mempunyai milikan dan pegangan terhadap kenderaan - Sama ada penginsurans boleh membatalkan polisi walaupun setelah menerima premium dan bersetuju memberi perlindungan - Sama ada prinsip 'uberrimae fide' atau 'utmost good faith' terpakai - Sama ada polisi insurans terbatal dan tidak sah - Akta Pengangkutan Jalan 1987, s. 96(3)

 Bagi pihak perayu/defendan ketiga dan defendan keempat - Mar Kah Yee; T/n S Ravenesan
 Bagi pihak responden/plaintif - Md Shofe Teguh; T/n VP Nathan & Partners


CLJ 2019 Volume 1 (Part 5)

FEDERAL COURT

Malayan Banking Bhd v. Gan Bee San & Ors And Another Appeal; SKS Foam (M) Sdn Bhd (Intervener)
Richard Malanjum CJ (Sabah & Sarawak), Zainun Ali, Zaharah Ibrahim, Alizatul Khair Osman, Rohana Yusuf FCJJ
(Company Law; Civil Procedure; Words And Phrases - Jurisdiction - Deputy Registrar - Winding-up order made by Deputy Registrar) [2019] 1 CLJ 575 [FC]

 For the appellant - Lua Ai Siew; M/s Soo Thien Ming & Nashrah
 For the 1st, 2nd & 3rd respondents - Yusuf Khan Ghows Khan & Fong Teng Fook; M/s Yusuf Khan & Fong
 For the 4th respondent - Gopal Sri Ram, Balbir Singh, Sukhwinder Singh, David Yii & Damien Chan; M/s Sukhwinder Singh N Mahinder Singh
 For the intervener - Vasanthi Sathasivam & Sugumaran Kumareson; M/s K Sugu & Assocs 

COURT OF APPEAL

Guangxi Dev & Cap Sdn Bhd v. Sycal Bhd & Another Appeal
Abang Iskandar, Hasnah Mohammed Hashim, Harmindar Singh Dhaliwal JJCA
(Construction Law - Adjudication - Setting aside - Application to set aside decisions of adjudicator) [2019] 1 CLJ 592 [CA]

 For the appellant - Firoz Hussein, Frank Loh, Choo Shi Jin & Elina Lim; M/s Stanley Chang & Partners
 For the respondent - Wong Hin Loong, Esther Chow Ruen Xin & Shafrina Shahidan; M/s Azman Davidson & Co 

Vivaganth Santharasilan v. Public Bank Bhd
Rohana Yusuf, Vernon Ong Lam Kiat, Hasnah Mohammed Hashim JJCA
(Civil Procedure - Striking out - Grounds for - Plaintiff successfully annulled receiving and adjudication order and sued bank for malicious prosecution) [2019] 1 CLJ 605 [CA]

 For the appellant - S Surendran; M/s Ranuga, Yogeswari & Surendran
 For the respondent - Barry Goh Meng Yew; M/s Iza Ng Yeoh & Kit 

HIGH COURT

Aadithya Chain Sdn Bhd & Anor v. Standard Chartered Saadiq Bhd
Khadijah Idris JC
(Civil Procedure - Judgments and orders - Setting aside - Application to set aside judgment in default) [2019] 1 CLJ 614 [HC]

 For the appellants - Mugunthan Vadiveloo; M/s Mugu & Sufyan & Co
 For the respondent - Fadil Azuwan Zainon; M/s Arifin & Partners 

Dato' Stanley Issacs (Suing By Himself And As The Administrator Of The Estate Of To' Puan Suzanne Thomas, Deceased) v. The Government Of Malaysia & Ors
Aliza Sulaiman JC
(Damages; Tort - Death - Dependency claim - Medical negligence) [2019] 1 CLJ 626 [HC]

 For the plaintiff - Manmohan S Dhillon & Karthi Kanthabalan; M/s PS Ranjan & Co
 For the defendant - Nurhafizza Azizan; SFC 

Datuk Bandar Kuala Lumpur & Anor v. Tan Poh Wah & Ors
S Nantha Balan J
(Land Law - Occupation - Proprietary estoppel - Claim for vacant possession of land) [2019] 1 CLJ 661 [HC]

 For the 1st plaintiff - Rajesh Sharma & Amrit Singh; M/s Amrit & Co
 For the second plaintiff - Cheong Su Yin; M/s Cheong Su Yin & Co
 For the defendants - Tan Teck Seng; M/s TT Seng & Partners 

PP v. Ka Lian Logistics Sdn Bhd & Ors
Nurchaya Arshad J
(Customs And Excise; Criminal Procedure - Forfeiture - Customs evasion - Seizure of vehicles allegedly used for illegal transportation of unpaid duty beers) [2019] 1 CLJ 688 [HC]

 For the appellant - Nik Haslinie Hashim; DPP
 For the respondent - Hairul Vaiyron; M/s Hairul Vaiyron & Co 

Syarikat Logistik Petikemas Sdn Bhd v. Masri Halim & Ors And Other Appeals
Zalita Zaidan JC
(Labour Law - Wages - Minimum wages - Claim for) [2019] 1 CLJ 695 [HC]

 For the appellant - RM Murali; M/s Ramadass & Assocs
 For the respondents - M Eswary; M/s The Law Firm of M Eswary 

SUBJECT INDEX

CIVIL PROCEDURE

Judgments and orders - Setting aside - Application to set aside judgment in default - Claim for outstanding sum under Islamic banking facility - Whether facility under Shariah Bai-Al-Inah principles valid - Whether facility granted complied with Shariah principles - Whether there were merits in defence - Whether circumstances arose justifying court to set aside judgment in default
Aadithya Chain Sdn Bhd & Anor v. Standard Chartered Saadiq Bhd
(Khadijah Idris JC) [2019] 1 CLJ 614 [HC]

Judgments and orders - Setting aside - Application to set aside judgment in default - Whether application made within time period stipulated under O. 42 r. 13 of Rules of Court 2012 - Whether there was inordinate delay - Whether there were merits in defence - Whether circumstances arose justifying court to set aside judgment in default
Aadithya Chain Sdn Bhd & Anor v. Standard Chartered Saadiq Bhd
(Khadijah Idris JC) [2019] 1 CLJ 614 [HC]

Jurisdiction - Deputy Registrar - Winding-up order made by Deputy Registrar - Whether Deputy Registrar had jurisdiction to issue winding-up order - Whether matters and applications in court ought to be heard before judge in open court - Whether there was contravention of r. 5(1)(a) Companies (Winding-up) Rules 1972 - Whether defect serious - Whether order ought to be set aside in interests of justice - Companies Act 1965, ss. 218 & 372(d)
Malayan Banking Bhd v. Gan Bee San & Ors And Another Appeal; SKS Foam (M) Sdn Bhd (Intervener)
(Richard Malanjum CJ (Sabah & Sarawak), Zainun Ali, Zaharah Ibrahim, Alizatul Khair Osman, Rohana Yusuf FCJJ) [2019] 1 CLJ 575 [FC]

Striking out - Grounds for - Plaintiff successfully annulled receiving and adjudication order and sued bank for malicious prosecution - Whether claim for civil malicious prosecution sustainable and actionable tort - Whether failure by bank to appeal against annulment order tantamount to admission - Whether court could conduct minute examination of documents - Whether plaintiff's action fell under O. 18 r. 19 of Rules of Court 2012 - Whether summary process of striking out pleadings suitable
Vivaganth Santharasilan v. Public Bank Bhd
(Rohana Yusuf, Vernon Ong Lam Kiat, Hasnah Mohammed Hashim JJCA) [2019] 1 CLJ 605 [CA]

COMPANY LAW

Winding-up - Setting aside - Appeal against - Winding-up order made by Deputy Registrar - Whether Deputy Registrar had jurisdiction to issue winding-up order - Whether matters and applications in court ought to be heard before judge in open court - Whether there was contravention of r. 5(1)(a) of Companies (Winding-up) Rules 1972 - Whether defect serious - Whether order ought to be set aside in interests of justice - Companies Act 1965, ss. 218 & 372(d)
Malayan Banking Bhd v. Gan Bee San & Ors And Another Appeal; SKS Foam (M) Sdn Bhd (Intervener)
(Richard Malanjum CJ (Sabah & Sarawak), Zainun Ali, Zaharah Ibrahim, Alizatul Khair Osman, Rohana Yusuf FCJJ) [2019] 1 CLJ 575 [FC]

CONSTRUCTION LAW

Adjudication - Setting aside - Application to set aside decisions of adjudicator - Adjudicator rejected applicant's application to call expert witnesses - Whether applicant deprived of opportunity to present complete defence - Whether there was denial of natural justice in adjudication proceedings - Construction Industry Payment Adjudication Act 2012, ss. 15, 25
Guangxi Dev & Cap Sdn Bhd v. Sycal Bhd & Another Appeal
(Abang Iskandar, Hasnah Mohammed Hashim, Harmindar Singh Dhaliwal JJCA) [2019] 1 CLJ 592 [CA]

CRIMINAL PROCEDURE

Forfeiture - Customs and excise - Customs evasion - Seizure of vehicles allegedly used for illegal transportation of unpaid duty beers - Predicate offence under s. 135(1)(a) of Customs Act 1967 - Whether connected to seized vehicles - Whether vehicles proceeds of illegal activities - Whether seizure of vehicles mala fide - Whether vehicles subject matter relating to commission of offence under s. 4(1) of the Anti Money Laundering, Anti Terrorism Financing and Proceeds of Unlawful Activities Act 2001 - Whether application to cause notice to third parties to be published in Gazette ought to be allowed
PP v. Ka Lian Logistics Sdn Bhd & Ors
(Nurchaya Arshad J) [2019] 1 CLJ 688 [HC]

CUSTOMS AND EXCISE

Forfeiture - Customs evasion - Seizure of vehicles allegedly used for illegal transportation of unpaid duty beers - Predicate offence under s. 135(1)(a) of Customs Act 1967 - Whether connected to seized vehicles - Whether vehicles proceeds of illegal activities - Whether seizure of vehicles mala fide - Whether vehicles subject matter relating to commission of offence under s. 4(1) of Anti Money Laundering, Anti Terrorism Financing and Proceeds of Unlawful Activities Act 2001 - Whether application to cause notice to third parties to be published in Gazette ought to be allowed
PP v. Ka Lian Logistics Sdn Bhd & Ors
(Nurchaya Arshad J) [2019] 1 CLJ 688 [HC]

DAMAGES

Death - Dependency claim - Medical negligence - Deceased suffered injuries and endured pain and suffering and loss of amenities of life and died - Claim for general, special and aggravated damages - Whether damages proven - Whether claims substantiated with relevant documents - Whether aggravating factors proven - Whether admission of liability taken into consideration - Civil Law Act 1956, ss. 7(3A), (3B)(a) & 8
Dato' Stanley Issacs (Suing By Himself And As The Administrator Of The Estate Of To' Puan Suzanne Thomas, Deceased) v. The Government Of Malaysia & Ors
(Aliza Sulaiman JC) [2019] 1 CLJ 626 [HC]

LABOUR LAW

Wages - Minimum wages - Claim for - Whether employees entitled to unpaid minimum wages - Whether mandatory to provide minimum wages - Whether basic wages differ from commission and allowance - Whether employees agreed to change of basic wages to allowance - Whether employer unilaterally made decision without consensus of employees - Whether employment terms in compliance with Minimum Wages Order 2012 - National Wages Consultative Council Act 2011, ss. 2, 23(1) & 24(2) - Minimum Wages Order 2012, O. 4 & O. 6
Syarikat Logistik Petikemas Sdn Bhd v. Masri Halim & Ors And Other Appeals
(Zalita Zaidan JC) [2019] 1 CLJ 695 [HC]

LAND LAW

Indefeasibility of title and interests - Registered owner - Registered owner of land entered into development agreement with developer to develop land - Land occupied by squatters refusing to move out - Whether registered owner entitled to vacant possession of land - Whether registered owner obtained indefeasible title - National Land Code, s. 340
Datuk Bandar Kuala Lumpur & Anor v. Tan Poh Wah & Ors
(S Nantha Balan J) [2019] 1 CLJ 661 [HC]

Occupation - Proprietary estoppel - Claim for vacant possession of land - Registered owner of land entered into development agreement with developer to develop land - Land occupied by squatters refusing to move out - Whether there was express representation or assurance squatters would be given land or would occupy land in perpetuity - Absence of evidence of 'representation' or 'assurance' - Whether plea of proprietary estoppel fell - Whether long and continued usage of land conferred legal or equitable rights on occupier
Datuk Bandar Kuala Lumpur & Anor v. Tan Poh Wah & Ors
(S Nantha Balan J) [2019] 1 CLJ 661 [HC]

Vacant possession - Application for - Registered owner of land entered into development agreement with developer to develop land - Land occupied by squatters refusing to move out - Orders for buildings and structures on land to be demolished sought - Whether squatters had claim to title or any registrable interest over land - Whether squatters had right in law or in equity - Whether registered owner entitled to vacant possession of land - Whether developer as contracting party and purchaser under sale and purchase agreement had requisite locus standi to file action - Whether developer's legal and commercial interest affected by continued presence of squatters on land - Whether registered owner and developer entitled to reliefs claimed
Datuk Bandar Kuala Lumpur & Anor v. Tan Poh Wah & Ors
(S Nantha Balan J) [2019] 1 CLJ 661 [HC]

TORT

Damages - Negligence - Medical negligence - Deceased suffered injuries and endured pain and suffering and loss of amenities of life and died - Claim for general, special and aggravated damages - Whether damages proven - Whether claims substantiated with relevant documents - Whether aggravating factors proven - Whether admission of liability taken into consideration - Civil Law Act 1956, ss. 7(3A), (3B)(a) & 8
Dato' Stanley Issacs (Suing By Himself And As The Administrator Of The Estate Of To' Puan Suzanne Thomas, Deceased) v. The Government Of Malaysia & Ors
(Aliza Sulaiman JC) [2019] 1 CLJ 626 [HC]

Negligence - Medical negligence - Deceased suffered injuries and endured pain and suffering and loss of amenities of life and died - Admission of liability by defendants - Claim for general, special and aggravated damages - Whether damages proven - Whether claims substantiated with relevant documents - Whether aggravating factors proven - Whether admission of liability taken into consideration - Civil Law Act 1956, ss. 7(3A), (3B)(a) & 8
Dato' Stanley Issacs (Suing By Himself And As The Administrator Of The Estate Of To' Puan Suzanne Thomas, Deceased) v. The Government Of Malaysia & Ors
(Aliza Sulaiman JC) [2019] 1 CLJ 626 [HC]

WORDS AND PHRASES

'judge in open court' - Companies (Winding-up) Rules 1972, r. 5(1) - Intention of lawgiver - Whether clear, precise and unambiguous - Whether matters and applications in court ought to be heard before judge in open court
Malayan Banking Bhd v. Gan Bee San & Ors And Another Appeal; SKS Foam (M) Sdn Bhd (Intervener)
(Richard Malanjum CJ (Sabah & Sarawak), Zainun Ali, Zaharah Ibrahim, Alizatul Khair Osman, Rohana Yusuf FCJJ) [2019] 1 CLJ 575 [FC]


ARTICLES

LNS Article(s)

  1. COURT DECISION RESONATES WITH THE ESSENCE OF ISLAM* [Read excerpt]
    by CHANDRA MUZAFFAR [2019] 1 LNS(A) ix

  2. [2019] 1 LNS(A) ix
    logo
    MALAYSIA

    COURT DECISION RESONATES WITH THE ESSENCE OF ISLAM*

    by
    CHANDRA MUZAFFAR

    There is a degree of disquiet within a segment of the Muslim populace over the landmark decision of the Federal Court on Jan 29, nullifying unilateral conversions of minors to Islam and affirming that the consent of both parents is required. This is because the majority position in Islamic law is that the child follows the religion of the parent who has converted to Islam, be it the father or mother.

    However, if the Federal Court decision is viewed from the perspective of the underlying values and principles of the Quran and the example of the Prophet Muhammad (peace be upon him), it makes a lot of sense. The wellbeing of the child is paramount in Islam. In concrete language, a twomonth- old baby who is being breastfed should remain with her non- Muslim mother even if the father has embraced Islam. In this case, it is not the religious identity of the baby that should be given priority. The bond between mother and child, which the Quran treasures, is of utmost importance.

    . . .

    * Published with kind permission of the International Institute of Advanced Islamic Studies (IAIS) Malaysia. (www.iais.org.my).


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  3. AIRBNB & MALAYSIAN STRATIFIED HOMES [Read excerpt]
    by KASHMIRJIT KAUR A/P HARBANS SINGH* [2019] 1 LNS(A) viii

  4. [2019] 1 LNS(A) viii
    logo
    MALAYSIA

    AIRBNB & MALAYSIAN STRATIFIED HOMES

    by
    KASHMIRJIT KAUR A/P HARBANS SINGH*

    Abstract

    Originating from a simple concept of short-term renting, Airbnb has today become a prominent 'hospitality e-hub'. Embodying a contemporary, convenient and viable philosophy, Airbnb has slowly but surely gained popularity amongst price-sensitive global trotters. In fact, this peer-to-peer platform is increasingly complementing and even sustaining the tourism industries in major cities around the world. Nevertheless, viewed from the perspectives of common homebuyers who choose to live in stratified buildings such as apartments, flats or condominiums, Airbnb raises genuine concerns and complications in relation to privacy and safety. Hence this Article is an effort to investigate the practicability of regulating Airbnb, especially in the context of Malaysia, where stratified properties are in abundance.

    . . .

    * Legal Research Assistant at Learning & Development Department, Messrs. Halim Hong & Quek. Office Suite 19-21-1, Level 21, Wisma UOA Centre, 19 Jalan Pinang 50450 Kuala Lumpur. Email: hhqkl@hhq.com.my; Telephone +603 2710 3818


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  5. THE TECH REVOLUTION: A THREAT TO THE CORE VALUES OF CIVIL SOCIETY AND THE LEGAL PROFESSION* [Read excerpt]
    by RT. HON. SIR GEOFFREY VOS** [2019] 1 LNS(A) vii

  6. [2019] 1 LNS(A) vii
    logo
    UNITED KINGDOM

    THE TECH REVOLUTION:
    A THREAT TO THE CORE VALUES OF CIVIL SOCIETY AND THE LEGAL PROFESSION*


    by
    RT. HON. SIR GEOFFREY VOS**

    Introduction

    1. The tech revolution is reality. We in the legal community can shun it or embrace it, but we will not stop it. The reach of FinTech, LawTech, RegTech, artificial intelligence and digital ledger technology extends daily. My view is that, if we work with rather than against the tech revolution, we can improve the quality and reduce the cost of legal advice and dispute resolution for the new generation of businesses globally. There are risks, of course, but so long as we are aware of them, we can minimise their adverse effects.

    2. My starting point is that young people will rightly no longer accept that everyday legal advice and justice are the only things they cannot obtain instantly or the next day by a few taps on their smart phone. The older generation of lawyers, judges and court providers must therefore be instrumental in providing legal systems that are up to date, cost effective and make the best use of all appropriate modern technologies.

    . . .

    * IBA Annual Conference in Rome 2018, Showcase Panel. Part 1: Opportunities provided by technology and their correlation with law, values and professional ethics. Thursday 11th October 2018.

    ** Chancellor of the High Court of England and Wales.


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LEGISLATION HIGHLIGHTS

Principal Acts

Number Title In force from Repealing
ACT 812 Finance Act 2018 The Income Tax Act 1967 [Act 53] see s 3; The Promotion of Investments Act 1986 [Act 327] see s 31; The Stamp Act 1949 [Act 378] see s 63; The Real Property Gains Tax Act 1976 [Act 169] see s 69; The Labuan Business Activity Tax Act 1990 [Act 445] see s 71; The Service Tax Act 2018 [Act 807] see s 83; The Sales Tax Act 2018 [Act 806] see s 91 -
ACT 811 Suruhanjaya Pengangkutan Awam Darat (Dissolution) Act 2018 1 January 2019 [PU(B) 732/2018] -
ACT 810 Subang Golf Course Corporation Act 1968 (Revised 2018) 12 November 2018 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2018; First enacted in 1968 as Act of Parliament No 26 of 1968; First Revision - 1993 (Act 509 wef 8 October 1993) -
ACT 809 Pool Betting Act 1967 (Revised 2018) 12 November 2018 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 1 November 2018; First enacted in 1967 as Act of Parliament No 72 of 1967; First Revision - 1989 (Act 384 wef 21 September 1989) -
ACT 808 National Anthem Act 1968 (Revised 2018) 1 November 2018 pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1]; Revised up to 15 October 2018; First enacted in 1968 as Act of Parliament No 20 of 1968; First Revision - 1989 (Act 390 wef 19 October 1989) -

Amending Acts

Number Title In force from Principal/Amending Act No
ACT A1581 Excise (Amendment) Act 2018 2 January 2019 [PU(B) 7/2019] ACT 176
ACT A1580 Customs (Amendment) (No. 2) Act 2018 2 January 2019 [PU(B) 6/2019] ACT 235
ACT A1579 Service Tax (Amendment) Act 2018 2 January 2019 [PU(B) 5/2019] ACT 807
ACT A1578 Sales Tax (Amendment) Act 2018 2 January 2019 [PU(B) 4/2019] ACT 806
ACT A1577 Labuan Business Activity Tax (Amendment) Act 2018 28 December 2018 ACT 445

PU(A)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(A) 10/2019 Dangerous Drugs (Amendment Of First Schedule) Order 2019 10 January 2019 11 January 2019 ACT 234
PU(A) 9/2019 Offences Relating To Awards (Amendment Of Second Schedule) Order 2019 9 January 2019 10 January 2019 ACT 787
PU(A) 8/2019 Poisons (Amendment Of Poisons List) Order 2019 9 January 2019 10 January 2019 ACT 366
PU(A) 7/2019 Dental (Amendment Of Second Schedule) Order 2019 8 January 2019 9 January 2019 ACT 51
PU(A) 6/2019 Medical (Amendment Of Second Schedule) Order 2019 4 January 2019 5 January 2019 ACT 50

PU(B)

Number Title Date of Publication In force from Principal/ Amending Act No
PU(B) 10/2019 Appointment Of Lock-Up To Be A Place Of Confinement 3 January 2019 4 January 2019 ACT 537
PU(B) 9/2019 Appointment Of Lock-Up To Be A Place Of Confinement 3 January 2019 4 January 2019 ACT 537
PU(B) 8/2019 Return And Statements Of Election Expenses - Negeri Sembilan 3 January 2019 10 February 2018 ACT 5
PU(B) 7/2019 Appointment Of Date Of Coming Into Operation 2 January 2019 3 January 2019 ACT A1581
PU(B) 6/2019 Appointment Of Date Of Coming Into Operation 2 January 2019 3 January 2019 ACT A1580

Legislation Alert

Updated

Act/Principal No. Title Amended by In force from Section amended
PU(A) 210/2018 Sales Tax (Persons Exempted From Payment of Tax) Order 2018 PU(A) 403/2018 1 January 2019 Paragraphs 4 and 5; Schedule A, B and C
PU(A) 204/2018 Sales Tax (Customs Ruling) Regulations 2018 PU(A) 402/2018 1 January 2019 First Schedule, Second Schedule and Third Schedule
PU(A) 207/2018 Sales Tax (Imposition of Sales Tax in Respect of Special Areas) Order 2018 PU(A) 401/2018 1 January 2019 Paragraph 2 and Schedule A
PU(A) 221/2018 Sales Tax (Rates of Tax) Order 2018 PU(A) 400/2018 1 January 2019 First Schedule
PU(A) 203/2018 Sales Tax Regulations 2018 PU(A) 399/2018 1 January 2019 Regulations 2, 7, 16A - 16E; Second Schedule

Revoked

Act/Principal No. Title Revoked by In force from
PU(A) 45/2005 Workmen's Compensation (Foreign Workers' Compensation Scheme) (Insurance) Order 2005 PU(A) 350/2018 1 January 2019
PU(A) 50/2001 Promotion of Investments (Determination of Assets Under Section 29B in Respect of MSC Status Companies) Order 2001 PU(A) 335/2018 1 January 2019
PU(A) 56/1993 Employees' Social Security (Exemption of Foreign Workers) Notification 1993 PU(B) 735/2018 1 January 2019
PU(A) 299/2017 Printing Presses and Publications (Control of Undesirable Publications) (No. 34) Order 2017 PU(A) 306/2018 30 November 2018
PU(A) 70/2015 Printing Presses and Publications (Control of Undesirable Publications) (No. 5) Order 2015 PU(A) 306/2018 30 November 2018