Legal Update - July 2015

LEGISLATION

The following principal Act came into force wef 1 July 2015:

Public Sector Home Financing Board Act 2015 [Act 767], except Parts IV to VI and VIII [PU(B) 265/2015] The following amending Act came into force wef 1 July 2015:

Industrial Relations (Amendment) Act 2015 [Act A1488] [PU(B) 262/2015] The following amending Act came into force wef 31 July 2015:

Registration of Engineers (Amendment) Act 2015 [Act A1479] [PU(B) 292/2015] CASES

Administrative Law

Lynawati Abdullah v Abang Sukori Abang Haji Gobil & Anor Civil Appeal No Q-01-203-05-2013 (CA)

Whether decision of Native Court of Appeal of Sarawak amenable to judicial review by High Court

Court of Appeal preferred principle laid down in Haji Laugan Tarki bin Mohd Noor v Mahkamah Anak Negeri Penampang (SC). Not persuaded by High Court's reasons for not following Haji Laugan Tarki. Native Courts of Sarawak, established by State law, are inferior tribunals. And like other inferior tribunals, High Court may exercise control over Native Courts through prerogative orders. Therefore, decision of Native Court of Appeal of Sarawak is amenable to judicial review by High Court. The judgment may be viewed here See also www.thestar.com.my/News/Nation/2015/08/12/Landmark-judgment-for-indigenous-in-Swak-Native-Courts-decisions-can-be-challenged-in-civil-courts/ For the High Court grounds of judgment, see [2014] 8 CLJ 527; [2013] 5 AMR 936

Menteri Bagi Kementerian Dalam Negeri & Anor v Jill Ireland binti Lawrence Bill and another appeal [2015] 4 AMR 768; [2015] 1 LNS* 480 (CA)

Malaysian Christian finally wins right to regain CDs of worship songs

Motion filed to intervene not brought under proper provisions in Rules of Court 2012 (ROC 2012) pertaining to application to be made as interveners in judicial review matter Mode of filing fatally flawed — filed under O 15 r 6 ROC 2012; should have invoked O 53 r 8 The grounds of judgment may also be viewed here

For the High Court grounds of judgment, see [2015] 3 MLJ 743; [2014] 1 LNS 1279

See also

www.worldwatchmonitor.org/2015/06/3904023/

www.themalaymailonline.com/malaysia/article/after-7-years-court-orders-return-of-allah-cds-to-sarawakian-christian

Bankruptcy

Ketua Pengarah Insolvensi, bagi harta Goh Ah Kai, bankrap v Goh Ah Kai & Anor [2015] 4 AMR 338 (CA)

Whether bankrupt's debts paid in full by third party's payment to hospital; whether Director General of Insolvency (DGI) liable in costs

View adopted in Ting Nguk Yong v Bank Utama (M) Bhd correct and consistent with principles enunciated in Kwong Yik Bank Bhd v Hah Chiew Tin (FC); In re Keet and Re Hester: Ex parte Hester. Not proper for third party to settle debts of estate of bankrupt without knowledge of or reference to Official Assignee. In exercising discretion to annul adjudication, court is bound to consider not only interests of creditors, but also whether annulment conducive or detrimental to commercial morality and to interests of public at large Rule 69(3) Bankruptcy Rules 1969 whereby DGI shall not be personally liable for costs was not applicable. Not appropriate to order that DGI be personally liable in costs. The grounds of judgment may also be viewed here

Civil Procedure

Loo Chooi Ting v United Overseas Bank Ltd [2015] 4 AMR 757 (CA)

Scope of rule of estoppel in respect of judgment in default

The fact that a judgment is rendered by default does not prevent it from operating as a basis for application of doctrine of res judicata. United Overseas Bank barred from relitigating action. Counsel's reliance on In re A Judgment Debtor misplaced: re A Judgment Debtor not followed The grounds of judgment may be viewed here

Proton Edar Sdn Bhd v Multioto Assist Sdn Bhd (formerly known as Support Growth Sdn Bhd) [2015] 1 LNS 245...