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CHIN KOOI NAH (SUING BY HERSELF AND AS NEXT OF KIN TO CHIN JIA NEE, AN INFANT) v. CHILDREN AND YOUNG PERSONS: Adoption - Citizenship - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was provision in law that an adoption order must have implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy - Effect - Whether premature for applicant to contend child rendered stateless CHILDREN AND YOUNG PERSONS: Adoption - Adoption order - Effect of - Whether adopted child should be registered as citizen of Malaysia - Whether adoption order has implication on citizenship of adopted child - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution CONSTITUTIONAL LAW: Citizenship - Operation of law, by - Adoption of child - Birth certificate issued as 'bukan warganegara' - Application for court to review decision of respondent in refusing to register child as citizen of Malaysia - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was provision in law that an adoption order must have implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy - Whether premature for applicant to contend child rendered stateless WORDS & PHRASES: 'Parents' - Definition of - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether refers to biological and lawful parents |
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Legal Network Series
CLJ 2016 Volume 1 (Part 5) COURT OF APPEAL Mohd Shamsul Abdul Aziz v. PP & Another Appeal HIGH COURT Ch'ng Cheng Siew v. Pemungut Duti Setem Chin Kooi Nah (Suing By Herself And As Next Of Kin To Chin Jia Nee, An Infant) v. Pendaftar Besar Kelahiran Dan Kematian, Malaysia Govalan Arujuna v. Pengerusi, Lembaga Pencegahan Jenayah & Ors Jakara Sdn Bhd v. HSBC Bank Malaysia Bhd Jambatan Merah Sdn Bhd (In Liquidation) v. Public Bank Bhd Wong Thiam Phin v. Labuan Ferry Corporation Sdn Bhd Wong Thiam Phin v. Labuan Ferry Corporation Sdn Bhd & Another Case Zamri Ibrahim lwn. IJM Corporation Bhd SUBJECT INDEX ADMINISTRATIVE LAW Judicial review - Certiorari - Application for - Application to quash supervision order pursuant to s. 15(1) of Prevention of Crime Act 1959 (PCA) - Interpretation of requirements under PCA in making supervision order - Whether complied with - Whether supervision order valid BANKING Banks and banking business - Time deposit - Placement of proceeds of deposit into new time deposit - Withdrawal of sum - Whether events took place with plaintiff's knowledge and instruction - Whether unlawful for defendant to uplift and replace time deposit unilaterally - Whether there was need to issue new time deposit - Whether explanations provided by defendant acceptable - Whether original time deposit receipt in plaintiff's possession - Whether letter of indemnity executed by plaintiff - Whether plaintiff instructed defendant to transfer proceeds of time deposit into plaintiff's current account - Whether plaintiff received statement of account - Doctrine of laches - Whether plaintiff's action maintainable CHILDREN AND YOUNG PERSONS Adoption - Adoption order - Effect of - Whether adopted child should be registered as citizen of Malaysia - Whether adoption order has implication on citizenship of adopted child - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution Adoption - Citizenship - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was express provision in legislation that adoption order has implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy to apply for citizenship of child by way of registration pursuant to art. 15A of Federal Constitution - Whether premature for applicant to contend child rendered stateless CIVIL PROCEDURE Amendment - Statement of claim - Application for - Procedure and standard practice of making amendments - Whether complied with - Whether amendment would cause injustice and prejudice to other party - Whether application bona fide - Whether prejudice caused to other party could be compensated by costs - Whether amendments would turn suit from one character into another suit of inconsistent character - Rules of Court 2012, O. 20 r. 10 Certiorari - Application for - Application to quash supervision order pursuant to s. 15(1) of Prevention of Crime Act 1959 (PCA) - Interpretation of requirements under PCA in making supervision order - Whether complied with - Whether supervision order valid Civil Law Act 1956 - Section 3(1) - Applicability of common law principle - Doctrine of prime necessity - Plaintiff owned and operated lorries or trailers that transport goods - Defendant provided ferry services - Charges for use of ferry services unilaterally and unlawfully increased by defendant - Plaintiff complained about increase of charges and later denied from ferry services - Plaintiff could not transport goods - Whether defendant abused power as sole operator and sole monopoly of ferry services - Whether common law principle of prime necessity applies in Malaysia - Whether defendant was sole provider of ferry services - Whether defendant required to charge reasonable price for services provided - Whether defendant under duty to act in public interest to serve public without discrimination CONSTITUTIONAL LAW Citizenship - Operation of law, by - Adoption of child - Birth certificate issued as 'bukan warganegara' - Application for court to review decision of respondent in refusing to register child as citizen of Malaysia - Whether adopted child should be registered as citizen of Malaysia - Acquisition of citizenship by operation of law - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether word 'parents' refer to legal and biological parents of child - Whether child must be born in Federation to biological parents one of whom was at time of birth either citizen or permanently resident in Federation - Whether there was express provision in legislation that adoption order has implication on citizenship of adopted child - Whether availability of alternative remedy precludes application from being made - Applicant's failure to exhaust alternative remedy to apply for citizenship of child by way of registration pursuant to art. 15A of Federal Constitution - Whether premature for applicant to contend child rendered stateless CONTRACT Breach - Performance of contract - Allegation of inducement by defendant to breach contract between plaintiff and another company - Claim for damages - Plaintiff owned and operated lorries or trailers that transport goods - Third party provided ferry services - Charges for use of ferry services unilaterally and unlawfully increased - Plaintiff complained about increase of charges and later denied from ferry services - Plaintiff could not transport goods - Whether defendant abused power as sole operator and sole monopoly of ferry services - Whether defendant induced breach of contract between plaintiff with goods company Damages - Breach - Land charged to bank for banking facilities - Chargor requested for discharge statement from bank - Whether failure by bank to provide discharge statement amounted to breach - Whether chargor suffered loss or damages from bank's breach - Whether loss claimable and not too remote - Whether chargor entitled to damages - Contracts Act 1950, s. 74 CRIMINAL LAW Penal Code - Section 302 - Murder - Common intention - Whether established - Whether there was direct or circumstantial evidence to link second appellant to act of killing - Whether second appellant knew that first appellant carried a knife - Absence of common intention to commit murder - Whether second appellant ought to be acquitted and discharged - Penal Code, s. 34 Penal Code - Section 302 - Murder - Deceased died of single stab wound - Whether there was intention to kill deceased as there were no defensive wounds - Whether injury inflicted by first appellant most probable cause of death - Whether charge of murder sustained - Whether conviction for murder should be affirmed LAND LAW Charge - Redemption of - Land charged to bank for banking facilities - Whether charge confined to chargor's indebtedness - Whether chargor's indebtedness included sums owed by companies related to chargor Charge - Redemption of - Terms and condition in charge - Chargor requested for discharge statement from bank - Whether clauses in charge entitled chargor to be given discharge statement - Whether failure by bank to provide discharge statement amounted to breach - Whether chargor could claim for loss or damage arising from bank's breach Charge - Remedies of chargee - Exercise of rights under s. 271(1)(a) of National Land Code (NLC) - 'Corresponding form of qualified title' in s. 270(1)(c) NLC - Whether applied to qualified title - Whether qualified title distinct from land office title - Whether chargee barred from issuing Form 16J Transfer - Memorandum of transfer - Assessment - Amount of stamp duty payable - Deceased died intestate leaving three beneficiaries and two properties - Children renounced beneficial interests and agreed that properties be vested in name of mother as sole beneficiary - Collector of Stamp Duty assessed ad valorem duty on portion released and renounced by children - Whether relinquishment of rights by children was gift inter vivos or mere devolution of interests by operation of law - Whether assessment correct - Probate and Administration Act 1959, s. 60 - Stamp Duty Act 1949, ss. 4(1), 38A, 39 SUCCESSION Distribution of estate - Intestacy - Deceased died intestate leaving three beneficiaries and two properties - Children renounced beneficial interests and agreed that properties be vested in name of mother as sole beneficiary - Whether relinquishment of rights by children was gift inter vivos or mere devolution of interests by operation of law - Whether children had any right or title in properties to make gift - Distribution Act 1958, s. 6(1) WORDS & PHRASES Meaning - 'Gift' - Elements of gift inter vivos - Whether renunciation of beneficial interests amounted to gift inter vivos - Whether mere devolution of interest by operation of law 'Parents' - Definition of - Article 14(1)(b) read together with Part II of Second Schedule of Federal Constitution - Whether refers to biological and lawful parents INDEKS PERKARA KEBANKRAPAN Notis - Pengetepian - Tuntutan sebahagian jumlah penghakiman dalam notis kebankrapan pertama - Permohonan untuk mengetepikan notis kebankrapan kedua - Sama ada jumlah dalam notis kebankrapan dijumlahkan bagi membolehkan penghutang penghakiman mengetahui jumlah yang seharusnya dibayar - Sama ada notis kebankrapan pertama menunjukkan niat menuntut sebahagian jumlah penghakiman sahaja - Kegagalan menyatakan jumlah yang dituntut hanya sebahagian dan baki akan dituntut kemudian - Sama ada jumlah yang dituntut dalam notis pertama muktamad |
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