LOOH KEO & ANOR v. PROSPELL ENTERPRISE SDN BHD & ORS
HIGH COURT, KUALA LUMPUR
ATAN MUSTAFFA YUSSOF AHMAD J
[ORIGINATING SUMMONS NO: WA-24NCC-657-05-2022]
17 MARCH 2023
It is often the case of hostility that forms the reason for an application for orders for inspection of company records and to restrain directors/shareholder from obstructing inspection. However, the fact that the directors/shareholders of a company are embroiled in litigation and are in hostility do not ipso facto show that the exercise of the director's right of inspection would be for an improper purpose. The law presumes that an inspection by a director is made in the best interest of the company and in proper discharge of the director's duties and the burden is upon those who oppose the director's right to inspect to rebut the said presumption.
LOW OOI HOI v. PENTADBIR TANAH WILAYAH PERSEKUTUAN KUALA LUMPUR
COURT OF APPEAL OF MALAYSIA
HAS ZANAH MEHAT JCA; CHE MOHD RUZIMA GHAZALI JCA; SEE MEE CHUN JCA
[CIVIL APPEAL NO: W-01(A)-152-03-2021]
14 MARCH 2023
Giving reasons in a judgment is an essential requirement of the rule of law. A non-reasoned judgment could be held as a judgment not according to law. The rationale behind it is to provide a link between the facts and the decision made. More importantly, reasons introduce clarity to satisfy the party against whom the orders are made. In addition to that, a reasoned decision will act as a guard against any non-application of the mind and arbitrariness by the judge. Furthermore, reasons for judgment run parallel with the basic principle that justice must not only be done; it must also appear to be done.
DATUK BANDAR KUALA LUMPUR v. PERBADANAN PENGURUSAN TRELLISES & ORS AND OTHER APPEALS
FEDERAL COURT OF MALAYSIA
MOHAMAD ZABIDIN MOHD DIAH CJ; NALLINI PATHMANATHAN FCJ; RHODZARIAH BUJANG FCJ
[CIVIL APPEAL NOS: 01(f)-13-09-2021(W), 01(f)-12-09-2021(W), 01(f)-14-09-2021(W) & 01(f)-55-09-2021(W)]
18 APRIL 2023
Natural resources such as parks and forests are public property and national assets, particularly where it has been carved out as such in the Structure Plan. In the instant appeals, the Structure Plan shows that the subject land is designated as 'open space'. As the alienation, change of land use and issuance of the Development Order converted the use of the park by the public, to private ownership, it effectively deprived the public of the use of such open space. It is incumbent upon the court to protect the public interest when land allocated for open space by the local authority, the Datuk Bandar of Kuala Lumpur, and approved by the Minister of the Federal Territories, is removed from public use and utilised for private ownership, to the detriment of the public use. That too, without the knowledge of the public. This is particularly so when the net effect of such use by the issuance of the impugned Development Order, contravened several sections as well as the purpose and object of the Federal Territory (Planning) Act 1982 ('FTA'). Fundamentally, the impugned Development Order contravened the Kuala Lumpur Structure Plan as it changed the use of area in question from open space for public use to mixed development. The exercise of discretion by the Datuk Bandar was not in conformity with his duties and obligations as spelt out in s. 22(4) as well as ss. 10 and 11 of the FTA. The impugned Development Order, not being in conformity with the FTA, was therefore null and void.
GENISYS INTEGRATED ENGINEERS PTE LTD v. UEM GENISYS SDN BHD (IN LIQUIDATION) & ORS
FEDERAL COURT OF MALAYSIA
VERNON ONG LAM KIAT FCJ; HASNAH MOHAMMED HASHIM FCJ; MARY LIM FCJ
[CIVIL APPEAL NO: 02(f)-45-05-2022(W)]
04 APRIL 2023
The liquidator, pursuant to r. 92 of the Companies (Winding-Up) Rules 1972 ('Rules'), must examine every proof of debt lodged with him and thereafter, decide whether to admit or reject the POD and if it is rejected, the grounds for such rejection must be stated in writing to the creditor. Deduction of a certain amount is not a rejection of the POD. Hence, the act of the liquidators admitting the POD, subject to certain deductions, amounts to acknowledgment that if the Limitation Act 1953 applies, that amounts to a fresh accrual of action, and the action is therefore not time-barred. The liquidator also must, at all times, act within the terms of contract and ought not to impose any terms outside the purview of contract; thus ought not to unilaterally impose interest at a rate unilaterally decided, beyond the contractual terms.
- Twin Pavilion Development Sdn Bhd v. Teo Choon Ming & Ors  1 LNS 972 [CA]
- Azami Mohamed lwn. PP & Rayuan Yang Lain  1 LNS 986 [CA]
- Abdul Azhim Mohammad v. PP  1 LNS 985 [CA]
- Bavithran Paramasivan v. PP  1 LNS 934 [CA]
- Saj Ranhill Sdn Bhd v. Swm Greentech Sdn Bhd & Anor  1 LNS 881 [CA]
- Teoh Kok Seng v. Heesland Sdn Bhd & Anor  1 LNS 937 [CA]
- 555 Film Sdn Bhd & Ors v. Adamancy Construction Sdn Bhd  1 LNS 884 [CA]
- Venture Skl Sdn Bhd v. Geonex (M) Sdn Bhd  1 LNS 885 [CA]
- Sam Ke Ting lwn. PP  1 LNS 878 [CA]
- Lee Heng Yau lwn. Lembaga Tatatertib Peguam Bela & Peguam Cara Datuk Dr. Abdul Raman Jahi Saad Chairman Advocates & Solicitors Disciplinary Board & Ors  1 LNS 882 [FC]
“There is no hard and fast rule that a man must maintain his wife or former wife. It must be remembered that the provisions of the Law Reform (Marriage & Divorce) Act were discussed, deliberated and determined during a time when the demarcation of the roles of husband and wife were clear, where most women were stay-home mothers and were financially dependent on their husbands who were the breadwinners for the family.
However, a whole generation has transitioned since the Law Reform (Marriage & Divorce) Act was enacted and along with it, the traditional roles of husband and wife have evolved. Women are no longer relegated to merely handling household-matters. Gone are the days where a woman's only place was in the kitchen. As such, there is no automatic right for a woman to claim maintenance from her husband.” - per Evrol Mariette Peters J in YAY v. WHO & Anor  3 CLJ 135
Having understood art. 125 in this way, and having read it in context, it is our view that, absent any express dictate stating otherwise, it was only intended to deal strictly with the disciplinary process and not, as the appellants put it, as a constitutional pre-condition to criminal investigations and prosecution.
We are also unable to follow the appellants' interpretation of the words 'any other cause' in art. 125(3) as including a criminal complaint - in the way they argue it. As we understand the submission, they argue that since 'any other cause' includes 'criminal complaints' to warrant removal, then removal (or even suspension pending removal) must come first before any criminal investigation can be made. And as such, a judge cannot be investigated unless first suspended or removed. We disagree. The reason being, this constitutional ground warrants removal, if the judge is 'unable... for any other cause... properly to discharge the functions of this office'. If the phrase 'any other cause' includes a criminal complaint, then it follows that once a judge is alleged to have committed a crime, it becomes a reason to recommend his removal or otherwise be dealt with by the JEC. A criminal complaint is but a bare allegation and incapable of being 'any other cause' to remove a judge unless first substantiated. Substantiation, of course, is only possible upon investigations.” – per Tengku Maimun Tuan Mat CJ in Haris Fathillah Mohamed Ibrahim & Ors v. Tan Sri Dato' Sri Hj Azam Baki & Ors  3 CLJ 653
“For criminal matters decided by the subordinate courts, the Court of Appeal is the highest court to determine any appeals arising thereof. In terms of judicial hierarchy, we hold that the principles governing the Federal Court in Dalip Bhagwan Singh are equally applicable to the Court of Appeal in such instances.
For this appeal, when two decisions of the Court of Appeal conflict on a point of law, the later decision prevails over the earlier decision. If the subordinate courts can choose either decision of the Court of Appeal, there will be no finality to the issue and no certainty in the law. This would defeat the purpose of judicial precedent and stare decisis. Judicial hierarchy must be observed for the orderly development of legal rules and for the courts and lawyers to regulate their affairs, and to avoid chaos and misapprehensions in the judicial system.” – per Hashim Hamzah JCA in PP v. Ahmad Saiful Islam Mohamad  2 CLJ 714
“The plaintiff, in its memorandum of appeal, had stated ten grounds of appeal in which the memorandum of appeal was filed without the benefit of the grounds of judgment of the learned trial judge.
We are of the respectful view that the absence of grounds of judgment by the learned HCJ alone on its own, is insufficient to cause the proceedings to be vitiated. It is also our considered view that it is not prudent always to order a retrial in civil cases where all evidence is already before us. Based on the principles enunciated in the above cases, we shall hear the appeal and assess all available evidence in the record of appeal and made our findings.” – per Mariana Yahya JCA in Meccilect Sdn Bhd v. Petrosab Petroleum Engineering Sdn Bhd & Anor  2 CLJ 255
“We are of the view that the moment a sum of money is deposited with an investment bank, the bank must find out whose money it is and whether the depositor is already its customer. If it is not then it should verify who the depositor is and the documents substantiating the customer's identity as well as the relevant resolutions for the opening of an account with the investment bank and who are the relevant signatories of the account.
Whilst the presence of an account certainly establishes the person as a bank customer, it may not be the sole consideration. We agree with the plaintiff that the duration of the relationship is not of the essence in establishing if an entity or person is a customer of the bank.
We accept as the correct proposition of law that the test for breach of the duty of care in the context of banking transactions is whether a reasonably prudent banker, faced with the same circumstances, would regard the course of action taken on the facts justifiable.” Per Lee Swee Seng JCA in Koperasi Sahabat Amanah Ikhtiar Bhd v. RHB Investment Bank Bhd  1 CLJ 495
( as of 09 June 2023)
- ACT 53
Income Tax Act 1967 (Revised 1971)
- PU(A) 445/2017
Customs Duties (Exemption) Order 2017
- PU(A) 206/2018
Sales Tax (Imposition of Sales Tax in Respect of Designated Areas) Order 2018
- ACT 366
Poisons Act 1952 (Revised 1989)
- PU(A) 199/2022
Customs Duties (Goods of Asean Countries Origin) (Asean Harmonised Tariff Nomenclature and Asean Trade in Goods Agreement) Order 2022
(as of 01 June 2023)
- PU(A) 133/2012
Income Tax (Advance Pricing Arrangement) Rules 2012
- PU(A) 132/2012
Income Tax (Transfer Pricing) Rules 2012
- PU(A) 102/2017
Customs (Prohibition of Exports) Order 2017
- PU(A) 103/2017
Customs (Prohibition of Imports) Order 2017
- PU(A) 75/1991
Loan (Local) (Fees Payable to A Depository Institution) Rules 1991
- ACT A1683
Windfall Profit Levy (Validation) Act 2023
- ACT A1682
Criminal Procedure Code (Amendment) Act 2023
- ACT A1681
Penal Code (Amendment) Act 2023
- ACT A1680
Supplementary Supply (2022) Act 2023
- ACT A1679
Supply Act 2023
- PU(A) 175/2023
Constitution Of The High Courts (Judicial Commissioner) Order 2023
- PU(A) 174/2023
Price Control And Anti-Profiteering (Determination Of Maximum Price) (No. 10) Order 2023
- PU(A) 173/2023
Money Services Business (Duties Of Licensees) (Amendment) Regulations 2023
- PU(A) 172/2023
Money Services Business (Form Of Right To Receive Ringgit And Foreign Currency) Regulations 2023
- PU(A) 171/2023
Employees Provident Fund (Amendment) (No. 2) Rules 2023
- PU(B) 185/2023
Change Of Description Of Lot Number Or Site Of Heritage Site (King Edward Vii(I) Secondary School (King Edward Vii School))
- PU(B) 184/2023
Notification Of Application For Registration Of New Plant Variety And Grant Of Breeder'S Right (Dlfvita6)
- PU(B) 183/2023
Notification Of Application For Registration Of New Plant Variety And Grant Of Breeder'S Right (Dlfmyko1)
- PU(B) 182/2023
Notification Of Application For Registration Of New Plant Variety And Grant Of Breeder'S Right (Dlfluga5)
- PU(B) 181/2023
Notification Of Application For Registration Of New Plant Variety And Grant Of Breeder'S Right (Dochrycust)
- Bills 2022
- Government Of Kelantan Gazette - Syariah Criminal Code (Ii) (1993) 2015
- Legislation: An Overview
- Legislation: FAQs
- Father charged with child endangerment after daughter eats cannabis-laced biscuits 06/06/2023
- Lubricant waste recycling firm owner gets RM10,000 fine for operating without licence 06/06/2023
- French court to decide on Sulu claimants' partial award demand 05/06/2023
- Man fined RM1,000 for hitting wife 01/06/2023
- Mining giant BHP admits underpaying almost 30,000 Australian workers 01/06/2023
- Welder jailed six months for insulting Perak Sultan on Twitter 26/05/2023
- Singaporean founder of tahfiz centre charged again with sexual assault against students 26/05/2023
- Kuantan couple claim trial to abusing their children 25/05/2023
- Thai jobless rate lowest in 3 years in Q1 as tourism rebounds 22/05/2023
- Woman gets community service for reckless driving, causing man's death 11/05/2023
by Professor David Tan**
Generative AI tools like Chat GPT and Stable Diffusion must have access to millions of text and images in order for them to learn and eventually generate output successfully in response to user commands. The key question for copyright lawyers today is whether this machine learning should come at a price.
There is certainly a swell of public interest in what Chat GPT can deliver, whether in assisting students with writing school assignments or in generating scam e-mails. The new GPT-4 by OpenAI, touted to be revolutionary in how it can respond to both text and image commands, is available for a modest fee of US$20 a month to Chat GPT Plus subscribers. Not too long ago, many of us were obsessed with apps that can make us look like superheroes and AI image generators such as Stable Diffusion and DALL-E have been in the news for potentially infringing copyright. The Harvard Business Review pointed out in February 2023 that while Chat GPT has created a global frenzy, "there are major practical, technical, and legal challenges to overcome before these tools can reach the scale, robustness, and reliability of an established search engine such as Google."
by Sia Chee Shen*
1.1 Background of the Study and the Objective of CIPAA 2012
The major issue in the construction industry is always the constraint of cash flow. Sufficient cash flow is important in many industries, but it is highlighted that cash flow is the lifeblood of the construction industry. Generally, sufficient cash flow is required for three goals: to pay overhead, labour, and material expenditures; to complete construction operations on time; and to minimise financial liabilities. The construction firm may depend on its clients' payments to cover these expenses and must have enough operating capital to pay its creditors, suppliers, subcontractors, and employees. Cash flow is significant to contractors since it reflects a project's financial success before the contract is finished and the final account is paid. Cash flow irregularities can result in capital lock-up and act as a catalyst for insolvency, which might ultimately interrupt the project schedule. Furthermore, payment delays due to limited cash flow may lower the number of financial resources available to contractors to complete the tasks. It will be a "nightmare" when the contractor runs into payment problems.
CRYPTO DISPUTES CONFERENCE*
by Mark Pelling QC
Good morning and thank you for asking me to speak this morning. Everything I say in the next few minutes represent my personal views. They are not those of the Judiciary of England and Wales.
Many of you will be very familiar with the joys of Smart Contracts, block chain, distributed ledgers, crypto assets and currencies, Public keys and Private keys. For those of you who are not as familiar as you would like to be, or wish to undertake a refresher course on these issues, I recommend The Legal Statement on Crypto assets and Smart Contracts published by the UK Jurisdiction Taskforce in November 2019 and Law Commission Paper No 401 entitled "Smart Legal Contracts – Advice to Government". They provide an invaluable insight into this world and should be read by all practicing law in this field. The critical conclusion reached by the Law Commission is that no legislative reform is necessary and that the common law is well able to facilitate and support these emerging technologies. The primary focus of the Law Commission paper is on claims between parties to smart contracts rather than those who have been the victims of fraud. However there is no indication that any different approach will be adopted in relation to fraud claims.
by Stephanie Lim Pierce**
Most individuals believe that their affairs are simple because they are familiar to them – it is the reality they live with every day. Many therefore request simple Wills to save time and costs. However, on further inspection their affairs may be more complex than they think and, ironically, require more detailed planning in order to save time and costs in the longer term.
Most individuals understandably want to save time and costs when drafting their Wills. Indeed, not everyone requires bespoke Will drafting and hours of expert advice. However, that does not mean that everyone should have a simplistic "pro forma" Will and estate plan. Let us compare Person A and Person B. Person A is single, on a salaried income with no expectations of inheriting significant wealth from their family and holds all of their assets in one jurisdiction. Person B is married for the second time, has children from their first marriage, is the custodian of significant generational wealth and holds assets across numerous jurisdictions.
THE APPLICABILITY OF THE MAN ON THE CLAPHAM OMNIBUS
by Long Chay Jo*
The digital revolution, particularly in blockchain technology, has promoted the use of smart contracts. This form of contract receives recognition for its self-executing and autonomous features. In effect, the involvement of third parties in ensuring compliance can be greatly reduced. However, as smart contracts are usually written in codes, there are concerns if the codes correctly reflect the understanding and consensus ad idem of parties. Stemming from this, the court may face similar problems when claims have to be adjudicated based on smart contracts. The trite doctrine on contractual interpretation may not be applicable directly when a smart contract is required to be interpreted. In this context, this article investigates the appropriate approach when there is a need to interpret the terms of a smart contract.
Keywords: Smart Contract, Legality of Smart Contract, Contractual Interpretation, Interpreting Smart Contract, Smart Contract in Malaysia.
The CBI has revealed plans to cut jobs as it struggles with the fallout from allegations of rape and sexual assault against staff.
The troubled lobby group said it needed to slash its wage bill by a third after a string of members quit the organisation, hitting its revenue.
It comes as members vote on whether to back plans to reform the CBI in a move described as "critical" to its future.
The business group was unable to say how many jobs would go.
However, the CBI, which employs about 337 people in offices around the world, said it would be a "smaller and refocussed organisation in the future".
In a statement it said: "In light of the recent loss of some of our revenue, the CBI has to take some difficult decisions.
Mining giant BHP has admitted it has underpaid almost 30,000 workers, dating back to 2010, and it will cost more than $400 million to make amends.
In a statement to the ASX, BHP said a review suggested rostered employees in Australia had their leave incorrectly deducted on public holidays since 2010.
"There are approximately 28,500 affected current and former employees with an average of six leave days in total that have been incorrectly deducted from affected employees," the company told the ASX.
BHP also said it has found around 400 current and former employees in Port Hedland are entitled to additional allowances "due to an error with the employment entity in their contract".
Tesla's Shanghai factory workers took to social media to appeal to Elon Musk and the Chinese public after being told at the weekend about cuts to their performance bonuses, according to online posts and employees who spoke to Reuters.
Several of the posts said they believed the deductions were linked to a fatal accident earlier this year at the plant, its biggest worldwide, and criticised Tesla for the cuts.
The situation marks a rare outburst of discontent at Tesla's Shanghai plant, whose workers Musk praised last year for burning "the 3am oil" to keep operations running during the city's two-month COVID-19 lockdown.
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