DOCSLIB.ORG

ISSUE 2/2019 • JULY 2019 KDN No

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

ISSUE 2/2019 • JULY 2019 KDN No. PP 13699/01/2013 (031337) LEGAL INSIGHTS A SKRINE NEWSLETTER CONTENTS MESSAGE FROM 1 Message from the Editor-in- THE EDITOR-IN-CHIEF Chief 2 Announcements There were several significant developments in the Malaysian legal landscape since we ARTICLES published the previous issue of our Newsletter four months ago. In the first ever sitting 2 Filling the Gaps in Trade of a nine-member panel, the Federal Court held by a 5:4 majority that the civil courts Marks: The Trademarks Bill 2019 in Malaysia are bound by the rulings issued by the Syariah Advisory Council of Bank Negara Malaysia under sections 56 and 57 of the Central Bank of Malaysia Act 2009. 8 The Companies (Amendment) Bill 2019 12 Developments in Statutory In July 2019, the Malaysian Parliament passed two significant pieces of legislation. The Adjudication 2018 first is the Trademarks Bill 2019. This Bill is significant as it will introduce many new 16 Check Your Privilege concepts into our trademarks law when it comes into force. The other is the Companies (Amendment) Bill 2019 which will bring about much welcomed clarifications on several 20 Renewable Energy: The Rising Sun provisions of the Companies Act 2016. 22 Beefing Up Aviation Security The decision of the Federal Court and the two pieces of legislation mentioned above are discussed in this issue of our Newsletter. CASE COMMENTARIES Also featured in this issue are two other noteworthy decisions of the Federal Court; 10 Retention Sums – Is it Really Yours? – SK M&E Bersekutu the first determined whether retention sums under a construction contract are trust Sdn Bhd v Pembinaan moneys, and the second, whether a solicitor who unknowingly acts for a fraudster in a Legenda Unggul Sdn Bhd land fraud case owes a duty of care to the real owner of the land. 14 Can a Landowner Sue a Solicitor who Acted for a Our third annual review of Malaysian cases on statutory adjudication, a significant Court Fraudster to Sell the Land? – Pushpaleela R Selvarajah of Appeal decision on an application for a judicial management order and articles on v Rajamani Meyappa civil aviation security, renewable energy and legal privilege are also included in this Chettiar issue. 18 No Second Bite at the Cherry – CIMB Islamic I hope that you will find the contents of this issue of Legal Insights interesting. Bank Berhad v Wellcom Communications (NS) Sdn Bhd With best wishes, LANDMARK CASE Kok Chee Kheong Editor-in-Chief 4 Bank Negara’s SAC Findings Binding on Civil Courts – JRI Resources Sdn Bhd v Kuwait Finance House (M) Berhad ©2019 SKRINE. ALL RIGHTS RESERVED. THE CONTENTS OF THIS NEWSLETTER ARE OF A GENERAL NATURE. YOU ARE ADVISED TO SEEK SPECIFIC LEGAL ADVICE ON ANY TRANSACTION OR MATTER THAT MAY BE AFFECTED BY THIS NEWSLETTER. IF YOU REQUIRE FURTHER ANALYSIS OR EXPLANATION OF THE SUBJECT MATTER, PLEASE CONTACT OUR PARTNERS OR THE PERSON WHOM YOU NORMALLY CONSULT. AS THE LEGAL PROFESSION (PUBLICITY) RULES 2001 RESTRICT THE CIRCULATION OF PUBLICATIONS BY ADVOCATES AND SOLICITORS, KINDLY DO NOT CIRCULATE THIS NEWSLETTER TO PARTIES OTHER THAN PERSONS WITHIN YOUR ORGANISATION. 1 LEGAL INSIGHTS - A SKRINE NEWSLETTER ANNOUNCEMENTS FILLING THE GAP IN WHO’S WHO LEGAL AWARDS TRADEMARKS Gooi Yang Shuh and Lam Rui Rong provide a Our Firm has been named Malaysia Law Firm of the Year 2019 by Who’s Who Legal Awards on 16 May 2019. The Trademarks Bill 2019 (“2019 Bill”) was passed by the House Ten of our lawyers are featured as Recommended Global Leaders of Representatives and the Senate of the Malaysian Parliament in 11 practice areas in the publication’s listings for 2018/2019: on 2 and 23 July 2019 respectively. The 2019 Bill now awaits Charmayne Ong (Data (Telecoms & Media and Information royal assent from the Yang di-Pertuan Agong. Thereafter, it will Technology), Patents and Trademarks); Cheng Kee Check, To’ come into operation on a date to be appointed by the Minister Puan Janet Looi and Quay Chew Soon (M&A and Governance); of Domestic Trade and Consumer Affairs by notification in the Khoo Guan Huat (Patents and Life Sciences (Patent Litigation and Federal Gazette. Product Liability)); Leong Wai Hong (Litigation); Lim Chee Wee (Asset Recovery and Restructuring & Insolvency); Lim Koon Huan The 2019 Bill is a total revamp and overhaul of the current Trade Marks Act 1976 (“1976 Act”) and seeks to fill the gaps in the trade (Trade & Customs); Loo Peh Fern (Insurance & Reinsurance); marks regime in Malaysia, both figuratively and literally (note that Selvamalar Alagaratnam (Labour, Employment & Benefits) it will soon be ‘trademarks’ as opposed to ‘trade marks’). Below are some of the main takeaways on the 2019 Bill. Selvamalar was also recognised as a Recommended Thought Leader for Labour & Employment. DEFINITION OF “TRADEMARK” To come within the definition of ‘trademark’ under the 2019 Bill, a sign must be capable of: • “distinguishing goods or services of one undertaking from those GLOBAL ARBITRATION REVIEW 100 of other undertakings”; and • “being represented graphically”. Skrine is honoured to be recognised as one of only two Malaysian firms listed in the Global Arbitration Review (GAR) 100 rankings. The GAR 100 is a guide of approved law firms globally in the field The Madrid Protocol … allows of international arbitration. the simultaneous registration of trademarks in several jurisdictions with … one application BENCHMARK LITIGATION ASIA-PACIFIC 2019 Most notably, trademark protection will extend to cover non- Our Litigation and Arbitration practice has been ranked in Tier 1 traditional trademarks, such as colours, sounds, scents, and for the categories of Commercial and Transactions, Construction, holograms. The new definition of ‘trademark’ recognises that and Intellectual Property. Our practice was also ranked by such signs are capable of being trademarks and accordingly, may Benchmark in the Labour and Employment, Tax, and White- be registered trademarks provided they are capable of graphical representation. In view of the advancements in non-traditional Collar Crime categories. marketing methods, this will be a welcomed development for businesses seeking to rely on non-traditional marks as part of their corporate branding. The 2019 Bill also provides that a registered trademark shall be a personal or moveable property and may be the subject of a SENIOR ASSOCIATE security interest in the same way as other personal or moveable property. The concept of a “registrable transaction” is introduced, The Firm congratulates Aaron Yong Tze Ken on his promotion to and the particulars of a registrable transaction may be entered Senior Associate. in the Register of Trademarks upon approval by the Registrar of Trademarks (“Registrar”) of an application by a person claiming to be entitled to an interest in or under a registered trademark by Aaron is a member of the Corporate Advisory virtue of the registrable transaction or any other person claiming and Transactions, Mergers & Acquisitions to be affected by the transaction. The 2019 Bill itself does not and Capital Markets practices of our Firm. He identify what are “registrable transactions”; section 2 provides graduated from Aberystwyth University in 2011. that “registrable transactions” are transactions determined by the Registrar in guidelines or practice directions issued pursuant to section 160. 2 INTELLECTUAL PROPERTY LAM RUI RONG (L) Rui Rong is an Associate TRADE MARKS: THE in the Intellectual Property and Technology Media and BILL 2019 Telecommunications Practice of SKRINE. précis of what’s in store for brand owners GOOI YANG SHUH (R) Gooi is an Associate in the MADRID PROTOCOL Intellectual Property and Technology Media and Malaysia will be taking its first step in acceding to the Protocol Telecommunications Practice of relating to the Madrid Agreement concerning the International SKRINE. Registration of Marks, adopted on 27 June 1989 (“Madrid Protocol”). The Madrid Protocol is an international system that allows the simultaneous registration of trademarks in several jurisdictions with the filing of one application in a single office. Under the 2019 Bill, however, the unauthorised use of a sign Malaysia’s accession to the Madrid Protocol will eliminate the even in relation to similar goods or services would amount to need for an applicant filing an application with the Malaysian trademark infringement. office to file separate applications in each member country in which it seeks to protect its trademark. The exact manner in Further, the approach to determining the likelihood of confusion which the Madrid Protocol will be implemented in Malaysia will established in past Malaysian case law, that the Registrar be set out in subsequent subsidiary legislation. or the courts may take into account all factors relevant in the circumstances, is expressly codified in the 2019 Bill. MULTI-CLASS APPLICATIONS The 2019 Bill also provides a number of new defences to Multi-class applications (i.e. one trademark application claiming trademark infringement, including a provision that the use of a goods and services of several classes under a single trademark trademark to indicate the intended purpose of the goods bearing application) will be implemented. This may have some impact on the sign, including accessories or spare parts or service, will not costs and may simplify the application, maintenance, and renewal constitute infringement of a registered trademark, provided that processes, as there would only be one application or registration such use is in accordance with honest practices in industrial or number and one renewal date. commercial matters. trademark protection subsequently acquired will extend to cover distinctiveness may be a defence non-traditional trademarks against revocation for non-use COLLECTIVE MARKS Remedies for infringement Collective marks (i.e. a trademark owned by an association that The 2019 Bill explicitly provides that in addition to damages, a is used by its members to identify and distinguish the goods and plaintiff may be awarded an account of profits attributable to the services of the members of that organisation from others) will be infringement that has not been taken into account in computing afforded trademark protection.
Recommended publications
  • 11-02/2014(W) BETWEEN Deutsche Bank (Malaysia)

    11-02/2014(W) BETWEEN Deutsche Bank (Malaysia)

    DALAM MAHKAMAH PERSEKUTUAN MALAYSIA (BIDANGKUASA RAYUAN) RAYUAN SIVIL NO. 02(f)-11-02/2014(W) BETWEEN Deutsche Bank (Malaysia) Bhd … APPELLANT AND 1. MBf Holdings Berhad 2. MBf Cards (M’sia) Sdn Bhd … RESPONDENTS Coram: Ahmad Maarop FCJ Jeffrey Tan FCJ Abu Samah Nordin FCJ Azahar Mohamed FCJ JUDGMENT OF THE COURT Leave was granted to the Appellant/Defendant (Deutsche) to appeal against the order of the Court of Appeal in respect of the matter decided by the High Court in the exercise of its original jurisdiction, on the following 9 ‘questions of law’: 1 1.1 Whether the principle of law on concluded contracts (generally applied in relation to sale and purchase of property) are applicable in the same manner to financial transactions involving funding by banks or a syndicate of banks. 1.2 Whether the principle in contract law of an enforceable informal contract applies to financing or funding transactions of a complex nature involving banks who are subject to internal credit approval conditions, guidelines and/or limitations. 1.3 Whether it is implicit in every financing transaction involving banks in Malaysia that internal credit approval guidelines as required by the regulating central bank, namely, Bank Negara Malaysia, would automatically apply to the proposed transaction. 1.4 In a setting where documentation (particularly relating to complex financial or funding transactions) is being carried out with the involvement of separately appointed solicitors, whether the principles of ‘locus poenitentiae’ (as applied in other Commonwealth jurisdictions) ought to be considered, namely, that neither party to any apparently alleged concluded contract is bound until and unless such documentation is formally signed-off by both parties.
  • Report on the Trial of Anwar Ibrahim

    Report on the Trial of Anwar Ibrahim

    INTER-PARLIAMENTARY UNION 124th Assembly and related meetings Panama City (Panama), 15 - 20 April 2011 Governing Council CL/188/13(b)-R.3 Item 13(b) Panama City, 15 April 2011 COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANS f CASE No. MAL/15 - ANWAR IBRAHIM - MALAYSIA THE TRIAL OF ANWAR IBRAHIM Report on the trial of Datuk Seri Anwar bin Ibrahim in the High Court of Malaysia observed on behalf of the Inter-Parliamentary Union (IPU) MARK TROWELL QC March 2011 __________________________________________________________________________________________ Introduction Datuk Seri Anwar bin Ibrahim (“Anwar Ibrahim”) was in the 1990s the Deputy Prime Minister of Malaysia. In 1998 Prime Minister Dato’ Seri Dr Mahathir bin Mohamad dismissed him after he was charged with allegedly sodomizing his wife’s driver and acting corruptly by attempting to interfere with the police investigation. He was convicted and imprisoned after trial, but released when Malaysia’s Federal Court overturned the conviction in September 2004. The Federal Court’s decision was for Anwar Ibrahim the culmination of a six-year struggle for justice after pleading his innocence through the various tiers of the Malaysian court system. During his lengthy period of incarceration, Anwar Ibrahim became the symbol of political opposition to the Mahathir regime. Amnesty International declared him to be a prisoner of conscience, stating that he had been arrested in order to silence him as a political opponent. On 26 August 2008, Anwar Ibrahim won the by-election for the parliamentary seat of Permatang Pauh with a majority of more than 15,000 votes, returning to Parliament as leader of the three-party opposition alliance known as Pakatan Rakyat (PKR).
  • ANG GAME HONG & ANOR V. TEE KIM TIAM &

    ANG GAME HONG & ANOR V. TEE KIM TIAM &

    JE 20/20 2 January 2020 Ang Game Hong & Anor [2019] 6 MLRA v. Tee Kim Tiam & Ors 477 ANG GAME HONG & ANOR v. TEE KIM TIAM & ORS Federal Court, Putrajaya Ahmad Maarop PCA, Zaharah Ibrahim CJM, Aziah Ali, Alizatul Khair Osman Khairuddin, Rohana Yusuf FCJJ [Civil Appeal No: 01(f)-41-09-2017 (B)] 15 October 2019 Civil Procedure: Jurisdiction — Judgment of the High Court — Orders — Judgment in default and consent order entered by another High Court of concurrent jurisdiction — Setting aside — Whether following the decision of Badiaddin Mohd Mahidin & Anor v. Arab Malaysian Finance Bhd and Serac Asia Sdn Bhd v. Sepakat Insurance Brokers Sdn Bhd, a High Court can set aside an order of another High Court of concurrent jurisdiction that have been obtained in breach of rules of natural justice This was an appeal against the High Court’s decision allowing, among others, the plaintiff/1st respondent’s action for a declaration that he was a bona fide purchaser and proprietor of a piece of land which he had purchased pursuant to a Sale and Purchase Agreement (“SPA”) between him and the 1st defendant/2nd respondent. The land was registered under the 1st defendant’s father’s name, Tan Yew Lin (“TYL”) and upon TYL’s death, the 1st defendant inherited the land. TYL had a brother by the name of Tan Tuan Kam (“TTK”), who married the 2nd defendant and had a son who was the 3rd defendant. TTK had also passed away. The 2nd and 3rd defendants contended, inter alia, that the land was registered under TYL’s name although TTK was the one who bought it, because TTK wanted to help TYL who was then unemployed; and upon a promise made by TYL that he would later transfer the land to TTK.
  • Ng Chin Tai, Trading in the Name and Style of Lean Seh Fishery & Anor [2019] 6 MLRA V

    Ng Chin Tai, Trading in the Name and Style of Lean Seh Fishery & Anor [2019] 6 MLRA V

    JE 13/19 4 November 2019 Ng Chin Tai, Trading In The Name And Style Of Lean Seh Fishery & Anor [2019] 6 MLRA v. Ananda Kumar Krishnan 47 NG CHIN TAI, TRADING IN THE NAME AND STYLE OF LEAN SEH FISHERY & ANOR v. ANANDA KUMAR KRISHNAN Federal Court, Putrajaya Ahmad Maarop PCA, Zaharah Ibrahim CJM, Aziah Ali, Alizatul Khair Osman Khairuddin, Rohana Yusuf FCJJ [Civil Appeal No: 02(f)-97-09-2017(P)] 17 October 2019 Contract: Damages — Assessment — Commission contract — Distinction between claim for agreed sum and claim for damages — Whether action in substance a suit claiming for an agreed sum — Whether rules on remoteness of damage and mitigation of loss applicable to a commission contract for an agreed sum — Contracts Act 1950, s 74 Contract: Nature of contract — Commission contract — Whether contract for commission a contract in perpetuity or a contract for a determinate duration — Whether such contract could be determined through giving of reasonable notice or through the happening of a subsequent event The 1st defendant’s son, DW7 had approached the plaintiff in February 2004 to help the 1st defendant, trading as Lean Seh Fishery (“LSF”), secure a contract for the supply of seafood to Tesco Stores (M) Sdn Bhd (“TESCO”). DW7 verbally offered the plaintiff a 5% consultant fee should he succeed in securing a contract for the supply of seafood. By a Letter of Appointment dated 6 February 2005 (“the Contract”) signed by DW7, the plaintiff was appointed as marketing consultant to negotiate with and promote LSF to TESCO for the purpose of securing a contract for the supply of fresh, frozen and processed seafood.
  • SELVA VINAYAGAM SURES V. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA & ORS

    SELVA VINAYAGAM SURES V. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA & ORS

    JE49/2020 24 December 2020 Selva Vinayagam Sures [2021] 1 MLRA v. Timbalan Menteri Dalam Negeri, Malaysia & Ors 83 SELVA VINAYAGAM SURES v. TIMBALAN MENTERI DALAM NEGERI, MALAYSIA & ORS Federal Court, Putrajaya Abang Iskandar Abang Hashim CJSS, Mohd Zawawi Salleh, Vernon Ong, Zaleha Yusof, Zabariah Mohd Yusof FCJJ [Criminal Appeal No: 05(HC)-270-11-2019(B)] 11 December 2020 Constitutional Law: Fundamental liberties — Fundamental rights — Abridgment of fundamental rights — Constitutional safeguards — Whether courts ought to vigorously enforce such safeguards — Whether law authorising preventive detention ought to be strictly construed — Whether safeguards provided for protection of citizens ought to be liberally interpreted — Federal Constitution, art 151(1) — Dangerous Drugs (Special Preventive Measures) Act 1985, ss 9(1), 10 Constitutional Law: Fundamental liberties — Fundamental rights — Whether fundamental rights under Federal Constitution qualified and not absolute rights — Whether fundamental rights under Federal Constitution might be circumscribed by legislation — Whether right to personal freedom meant freedom from executive detention not authorised by law — Whether right to personal freedom did not mean freedom from executive detention — Whether powers of executive detention must be clearly prescribed by law — Federal Constitution, arts, 5, 9, 10 and 13 — Dangerous Drugs (Special Preventive Measures) Act 1985, s 6(1) Constitutional Law: Legislation — Legislation against subversion, action prejudicial to public order, etc — Purpose
  • TRA MINING (MALAYSIA) SDN BHD V. THIEN HONG TECK

    TRA MINING (MALAYSIA) SDN BHD V. THIEN HONG TECK

    438 Current Law Journal [2018] 10 CLJ TRA MINING (MALAYSIA) SDN BHD v. THIEN HONG TECK A & ORS AND ANOTHER APPEAL FEDERAL COURT, PUTRAJAYA AHMAD MAAROP CJ (MALAYA) RAMLY ALI FCJ AZAHAR MOHAMED FCJ B BALIA YUSOF WAHI FCJ AZIAH ALI FCJ [CIVIL APPEALS NO: 02(i)-49-07-2015(W) & 02(i)-50-07-2015(W)] 8 AUGUST 2018 C PARTNERSHIP: Winding-up – Setting aside – Requirement of having more than five members at time of presentation of petition – Whether complied with – Whether bankrupt partner considered member in partnership – Whether remaining partners in partnership had locus standi and cause of action – Whether winding- up order valid and proper – Companies Act 1965, ss. 314 & 315 – Partnership Act D 1961, ss. 41 & 47 PARTNERSHIP: Winding-up – Petition – Partner in partnership entered assignment agreement with assignee – Whether assignee deemed as partner for purpose of ascertaining number of partners during presentation of petition – Companies Act 1965, s. 314(2) E COMPANY LAW: Winding-up – Unregistered companies – Partnership with more than five members – Whether unregistered company – Whether creditor’s petition or partner’s petition – Whether partnership could be wound-up – Companies Act 1965, ss. 314 & 315 – Partnership Act 1961, ss. 41 & 47 F One of the partners (‘Syed’) of ARCI Enterprise (‘ARCI’) had executed a power of attorney (‘POA’) in favour of one Cedric and a deed of assignment in favour of TRA Mining (Malaysia) Sdn Bhd (‘TRA’) to sell all his rights, title and interests in his shares in ARCI to TRA. ARCI and TRA later entered into a joint venture agreement but ARCI terminated the same when disputes G arose.
  • Suppressing Fake News Or Chilling Free Speech 25

    Suppressing Fake News Or Chilling Free Speech 25

    47 (1) JMCL SUPPRESSING FAKE NEWS OR CHILLING FREE SPEECH 25 SUPPRESSING FAKE NEWS OR CHILLING FREE SPEECH: ARE THE REGULATORY REGIMES OF MALAYSIA AND SINGAPORE COMPATIBLE WITH INTERNATIONAL LAW? Raphael Kok Chi Ren* Abstract In this modern digital era, information can go viral across all corners of the world in the blink of an eye. Since 2018, Malaysia and Singapore have taken great leaps to combat the proliferation of misinformation or disinformation – colloquially known as ‘fake news’. In Malaysia, the short-lived Anti-Fake News Act 2018 lasted barely over a year and a half between April 2018 and December 2019. Nevertheless, despite its repeal, authorities remain vigilant in cracking down fake news through existing laws, particularly the Communications and Multimedia Act 1998. In Singapore, the Protection from Online Falsehoods and Manipulation Act 2019 was passed in October 2019. Since then, under this regime, regulators have swiftly issued ‘take down’ and ‘correction’ notices to authors and intermediaries (e.g. Facebook). This article aims to examine the compatibility of the enforcement measures taken by both neighbouring governments with international norms on human rights. Does fake news have any intrinsic value worth protecting under the umbrella of free speech? To what extent do such measures meet the international standards of legality, necessity and proportionality? Is there a risk of extraterritorial overreach? Should intermediaries assume the role as the ‘arbiter of truth’ and filter user content? Ultimately, the war against fake news is a delicate balancing act to protect society from dangerous lies without ‘chilling’ people into silence. Keywords: Fake news, freedom of expression, proportionality, POFMA.
  • In the Federal Court of Malaysia (Appellate Jurisdiction) Appeal No

    In the Federal Court of Malaysia (Appellate Jurisdiction) Appeal No

    IN THE FEDERAL COURT OF MALAYSIA (APPELLATE JURISDICTION) APPEAL NO. 02(f) – 97 – 12/2012 (W) BETWEEN 1. MAESTRO SWISS CHOCOLATE SDN. BHD. (Company Reg. No. 497331-X) 2. MAESTRO SWISS PRODUCTS SDN. BHD. (Company Reg. No. 493763-T) 3. MAESTRO SWISS CORPORATION (M) SDN. BHD. (Company Reg. No. 494331-H) 4. MAESTRO SWISS HOLDINGS (M) SDN. BHD. (Company Reg. No. 494334-W) … APPELLANTS AND 1. CHOCOSUISSE UNION DES FABRICANTS SUISSES DE CHOCOLAT (a co-operative society formed under title XXIX of the Swiss Code of Obligations) 2. KRAFT FOOD SCHWEIZ AG 3. NESTLE SUISSE SA … RESPONDENTS CONSOLIDATED WITH IN THE FEDERAL COURT OF MALAYSIA (APPELLATE JURISDICTION) APPEAL NO. 02(f) – 42 –04/2014 (W) 1 BETWEEN 1. CHOCOSUISSE UNION DES FABRICANTS SUISSES DE CHOCOLAT (a co-operative society formed under title XXIX of the Swiss Code of Obligations) 2. KRAFT FOOD SCHWEIZ AG 3. NESTLE SUISSE SA … APPELLANTS AND 1. MAESTRO SWISS CHOCOLATE SDN. BHD. (Company Reg. No. 497331-X) 2. MAESTRO SWISS PRODUCTS SDN. BHD. (Company Reg. No. 493763-T) 3. MAESTRO SWISS CORPORATION (M) SDN. BHD. (Company Reg. No. 494331-H) 4. MAESTRO SWISS HOLDINGS (M) SDN. BHD. (Company Reg. No. 494334-W) … RESPONDENTS [In The Matter Of Civil Appeal No. W – 02 – 602 – 2010 In The Court Of Appeal Malaysia Between 1. Chocosuisse Union des Fabricants Suisses de Chocolat (a co-operative society formed under title XXIX of the Swiss Code of Obligations) 2. Kraft Food Schweiz AG 3. Nestle Suisse SA … Appellants 2 And 1. Maestro Swiss Chocolate Sdn Bhd (Company Reg. No. 497331-X) 2.
  • Bekas Peguamcara Antara Tiga Hakim Baru Mahkamah Tinggi

    Bekas Peguamcara Antara Tiga Hakim Baru Mahkamah Tinggi

    08 FEB 2002 Hakim-Perlantikan BEKAS PEGUAMCARA ANTARA TIGA HAKIM BARU MAHKAMAH TINGGI KUALA LUMPUR, 8 Feb (Bernama) -- Bekas Peguamcara Negara Datuk Heliliah Mohd Yusof dan dua pesuruhjaya kehakiman hari ini mengangkat sumpah jawatan sebagai hakim Mahkamah Tinggi. Heliliah, 56, Datuk Ramly Ali, 48, dan Datuk Ahmad Maarop, 48, masing-masing telah menerima watikah perlantikan daripada Yang di-Pertuan Agong Tuanku Syed Sirajuddin Syed Putra Jamalullail pada pagi ini. Mereka kemudian mengangkat sumpah jawatan di hadapan Ketua Hakim Negara Tan Sri Mohamed Dzaiddin Abdullah, Hakim Besar Malaya Datuk Ahmad Fairuz Sheikh Abdul Halim dan Hakim Besar Sabah dan Sarawak Tan Sri Steve Shim Lip Kiong di dewan persidangan, Bangunan Sultan Abdul Samad. Dalam ucapannya, Dzaiddin menyampaikan tahniah atas perlantikan mereka sebagai hakim mahkamah tinggi dan mengingatkan hakim-hakim baru itu supaya sentiasa berpegang teguh kepada sumpah jawatan dengan menunaikan kewajipan kehakiman yang telah diamanahkan kepada mereka. Beliau juga meminta mereka supaya menumpahkan taat setia kepada negara dengan memelihara, melindungi serta mempertahankan perlembagaannya. Apabila ditemui pemberita, Heliliah menyatakan penghargaannya kepada Yang di-Pertuan Agong, Perdana Menteri Datuk Seri Dr Mahathir Mohamad dan Dzaiddin. Heliliah berkata perlantikan beliau sebagai hakim Mahkamah Tinggi adalah satu penghormatan besar baginya, dan menambah kata beliau berterima kasih kepada para pegawai atasan kerana membuka pintu dan memberikannya peluang dalam bidang-bidang yang dikuasai oleh kaum lelaki. Beliau akan ditempatkan di Mahkamah Tinggi Sivil di Wisma Denmark di sini. Heliliah memulakan kerjayanya pada tahun 1970 sebagai Majistret di Kajang and kemudiannya memegang beberapa jawatan termasuk sebagai peguam persekutuan di Jabatan Peguam Negara, di Kementerian Perhubungan dan Kementerian Perdagangan dan Industri sebelum dilantik memegang jawatan sebagai penggubal Undang-Undang Parlimen di Jabatan Peguam Negara.
  • E:\Workfolder\ISSUE\CLJ ISSUE 2020\VOL 2\CLJ VOL 2 PART 2

    E:\Workfolder\ISSUE\CLJ ISSUE 2020\VOL 2\CLJ VOL 2 PART 2

    [2020] 2 CLJ CIMB Bank Bhd v. Sivadevi Sivalingam 151 A CIMB BANK BHD v. SIVADEVI SIVALINGAM FEDERAL COURT, PUTRAJAYA AHMAD MAAROP PCA RAMLY ALI FCJ ALIZATUL KHAIR OSMAN FCJ B ROHANA YUSUF FCJ MOHD ZAWAWI SALLEH FCJ [CIVIL APPEAL NO: 02(f)-62-08-2018(J)] 15 NOVEMBER 2019 C LIMITATION: Period of limitation – Charge of land – Bank granted loan to borrower – Borrower charged land as security for loan – Borrower defaulted in repayment of loan – Bank issued and served notice of default in respect of charge – Borrower failed to remedy breach of charge – Bank sought order for sale of land by way of public auction – Whether foreclosure proceedings or order for sale time- D barred – Whether proceedings commenced by bank for sale of land pursuant to ss. 256 or 260 of National Land Code subject to s. 21(1) or (2) of Limitation Act 1953 – Whether right of action to receive money accrued – Whether limitation period begins to run following failure to make payment of loan instalments or upon failure to comply with statutory demand in Form 16D E The appellant (‘plaintiff’) granted a loan to the respondent (‘defendant’) and the defendant charged a piece of land to the plaintiff as a security for the said loan. When the defendant defaulted in the repayment of the loan, the plaintiff issued and served on the defendant the notice of default with respect to a charge, in Form 16D pursuant to s. 254 of the National Land Code (‘NLC’). F The notice gave the defendant 30 days to remedy the breach of the NLC charge but the defendant failed to remedy the same.
  • Malaysia's Opportunity for Change

    Malaysia's Opportunity for Change

    Fighting for media reform in the “New Malaysia” IFJ Situation Report September 2018 The overthrow of Malaysia’s authoritarian ruler Najib Abdul Razak this year was celebrated across Malaysia and the world. After decades of ever-tightening controls and ongoing violation of free speech under Malaysia’s ruling UMNO party, the election of the Mahathir-led Pakatan Harapan government signaled a real prospect for positive change. In this situation report, the IFJ probes the situation. If Dr Mahathir is truly committed to reopening freedom of expression in the “new Malaysia”, then change must swiftly and it must delve deeply and effectively to break the many legislative binds that have stifled free speech and democracy in the country for too long. On May 9th 2018 the authoritarian, corrupt government of Najib Abdul Razak’s UMNO in Malaysia was roundly defeated in an election which the world - wrongly - believed would provide only a minor speed bump in the steady march of his Malaysian kleptocracy. The regime, which had become arrogant and complacent, looked on in disbelief as the voters turned on it. The anticipation of a stolen result in the event of the unlikely drift of votes away from UMNO was confounded, and, to the outside world’s astonishment, decades of authoritarianism were dealt a blow. One of the advertisements put out by the Malaysian Government in the lead up to the General Elections in May 2018, following the passing of the Anti Fake News legislation. Credit: Mohd RASFAN/AFP Cover: Cartoon by Malaysia cartoonist Zunar following the ousting of Prime Minister Najib Razak.
  • Dalam Mahkamah Persekutuan Malaysia

    Dalam Mahkamah Persekutuan Malaysia

    DALAM MAHKAMAH PERSEKUTUAN MALAYSIA (BIDANGKUASA RAYUAN) RAYUAN JENAYAH NO. 05-122-2013 ANTARA Mohd Khir bin Toyo ... Perayu DAN Pendakwa Raya ... Responden Coram: Zulkefli Ahmad Makinudin CJ Malaya Ahmad Maarop FCJ Hasan Lah FCJ Jeffrey Tan FCJ Ramly Ali FCJ JUDGMENT OF THE COURT This is the Appellant’s appeal against his conviction and sentence for the following offence. “Bahawa kamu pada 29 Mei 2007 di kediamam rasmi Menteri Besar Selangor, Jalan Permata 7/1, Seksyen 7, Shah Alam, di dalam Negeri Selangor Darul Ehsan, sebagai penjawat awam iaitu Menteri Besar Kerajaan Negeri Selangor Darul Ehsan, telah mendapat untuk diri kamu dan isteri kamu, Zahrah Binti Kechik (650216- 08-5432), suatu barang yang berharga dengan suatu balasan yang kamu ketahui tidak mencukupi iaitu lot 1 tanah dan sebuah rumah yang terletak di alamat No. 8 & 10, Jalan Suasa 7/11, Shah Alam, Selangor Darul Ehsan, daripada Ditamas Sdn. Bhd. melalui Shamsudin Bin Hayroni, Pengarah Ditamas Sdn. Bhd., dengan harga RM3.5 juta sedangkan hartanah tersebut telah dibeli oleh Ditamas Sdn. Bhd. pada Disember 2004 dengan harga RM6.5 juta, yang mana kamu mengetahui bahawa Shamsudin Bin Hayroni mempunyai hubungan dengan kerja-kerja rasmi kamu dan oleh yang demikian kamu telah melakukan satu kesalahan yang boleh dihukum di bawah Seksyen 165 Kanun Keseksaan.” Against conviction and sentence, the Appellant appealed, but was unsuccessful at the Court of Appeal. Thence, the Appellant appealed to this court, where, before us, learned counsel for the Appellant challenged the findings of fact of the trial court, which called upon a review of the pertinent evidence.