Litigation & Court Procedure

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Government will not object Lawsuits against it based on Technicality Grounds - AG

KUALA LUMPUR, Aug 14 (Bernama) - The government will not apply to quash the lawsuits by individual against it merely on grounds of technicality, said Attorney-General (AG) Tommy Thomas.

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Thai Siew Choo v Thurghathavy A/P N Govindasamy and Another

Litigation & court procedure – Consent judgment – Suit to set aside the consent judgment – Application to dismiss the suit to set aside the consent judgment under inherent jurisdiction of the court and/or pursuant to Order 18 rule 19(1)(b) and or (d) of the Rules of Court 2012 on the grounds that the issues raised in the su ...

Date: 19 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 259; Source: Federal Court Registry

Goh Beng Li @ Angeline Binti Umpu v Goh Beng Chu @ Mariana Binti Umpu

Litigation & court procedure – Striking out of claim – Order 18 rule 19(1)(b) & (d) and Order 92 rule 4 of the Rules of Court 2012 – Principle of res judicata and absence of express law ousting the jurisdiction of the civil court in dealing with estates of natives in Sabah as grounds for striking out – Whether the ...

Date: 17 July 2018; Court: Court of Appeal; Citation: [2018] MYCA 229; Source: Federal Court Registry

Pengusaha, Tempat Tahanan Perlindungan Kamunting, Taiping and 2 Others v Badrul Zaman Bin P S Md Zakariah

Litigation & court procedure – Jurisdiction of courts – Whether a court has discretion to allow a question of law raised for the first time on appeal in view of the clear words of a statute ousting the jurisdiction of the courts in respect of a specific matter – Rules 18(1) and 18(2), Rules of the Court of Appeal 1994

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Date: 05 April 2018; Court: Federal Court; Citation: [2018] MYFC 17; Source: Federal Court Registry

Small Claims Tribunals (Amendment) Act 2018

This Act seeks to amend the Small Claims Tribunals Act and to make consequential amendments to certain other Acts.
Date: 10 August 2018; Type: Federal Amendment Act; Citation: No. 27; Source: Singapore Statutes Online

Malayan Banking Berhad v Syed Ahmad Safar Bin Syed Kechik

Litigation & court procedure – Application to strike out a claim pursuant to Order 18 Rule 19(1)(a)(b) and (d) of the Rules of Court 2012 – Whether there was a clear and obvious case for striking out – Principles governing the striking out – Whether the claim “obviously unsustainable”, or “frivolous ...

Date: 24 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 247; Source: Federal Court Registry

Kok Chee Yoong and Another v Wong Lee Yuen

Litigation & court procedure – Application to strike out an amended claim pursuant to Order 18 rule 19(1)(a)(b) or (d) of the Rules of Court 2012

Probate – Contentious probate action – Order 72 of the Rules of Court 2012 – Whether the failure to comply with the mandatory requirements of Order 72 of the Rules o ...

Date: 16 March 2018; Court: Court of Appeal; Citation: [2018] MYCA 245; Source: Federal Court Registry

Ong Keh Choo v Paul Huntington Bernardo and Another

Civil Procedure - Summary judgment; Bills of Exchange and Other Negotiable Instruments - Legal proceedings - Summary judgment

Date: 31 July 2018; Court: High Court; Citation: [2018] SGHC 175; Source: Singapore Law Watch

Shanghai Turbo Enterprises Ltd v Liu Ming

Civil Procedure - Jurisdiction; Conflict of laws - Natural forum

Date: 30 July 2018; Court: High Court; Citation: [2018] SGHC 172; Source: Singapore Law Watch

SC sets Reckoning Period for Right to speedy Disposition of Cases

MANILA, July 31 (PNA) - The Supreme Court (SC) on Tuesday ruled that the proper reckoning period for speedy disposition of cases begins at the preliminary investigation stage.
Date: 31 July 2018; Type: Legal News; Source: Philippine News Agency

SC downgrades Raps vs Delfin Lee to simple Estafa

MANILA, July 31 (PNA) - The Supreme Court (SC) on Tuesday ordered the downgrading of charges against property developer Delfin Lee from syndicated estafa to simple estafa, a bailable offense.
Date: 31 July 2018; Type: Legal News; Source: Philippine News Agency

CA orders Marikina Judge out of SMHC Theft Case vs Indonesian Bizman

MANILA, July 30 (PNA) - The Court of Appeals (CA) granted the petition filed by San Miguel Holdings Corporation (SMHC), the infrastructure arm of San Miguel Corporation (SMC), asking for the inhibition of a Marikina court judge from handling the qualified theft charges against Indonesian businessman Shadik Wahono and several others.
Date: 30 July 2018; Type: Legal News; Source: Philippine News Agency

CA bars Use of Three Maguindanao Massacre Suspects as State Witnesses

MANILA, July 29 (PNA) - The Court of Appeals upheld its decision on May 2015 to disallow three of those accused in the Maguindanao massacre case to be state witnesses.
Date: 29 July 2018; Type: Legal News; Source: Philippine News Agency

Malaysian Bar lauds Reform to Requirements for Judicial Review Applications

The Malaysian Bar has lauded the press statement by the Attorney General, Mr Tommy Thomas, dated 23 July 2018, calling for the review of Order 53 of the Rules of Court 2012, which relates to the procedural requirements for applications for judicial review.
Date: 27 July 2018; Type: Legal News; Source: Malaysian Bar

Suwaya Bte Buang and 2 Others v Yuh @ Abdul Salleh Bin Pompulu

Litigation & court procedure – Application to strike out a claim under Order 18 rule 19(1)(b) and (d) and/or Order 92 rule 4 of the Rules of Court 2012 – Law of striking out – Whether there were triable issues

Date: 01 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 217; Source: Federal Court Registry

Supreme Court turn downs Ahok's Judicial Review

Jakarta, Mar 27 (ANTARA News) - The Supreme Court (MA) has decided to reject the request for a judicial review of former Jakarta governor Basuki Tjahaja Purnama (Ahok)'s case. "Yes. It was decided this afternoon by ...

Jusuf Ndun v Arbet Modok Kiplongang Akemah v Jimmy Wisan Nining Rustati v Kepala Kantor Pertanahan Kota Bandung DK more

Land Use Right Holders on 450 Year Road still reject Compensation

Owners of land use rights for the remaining 167 plots along the 450 Year Road in Vientiane are still refusing to accept the compensation offered in return for the land they lost to the US$104 million highway, an official ...

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Court refuses to drop Charges against Arakan Politician

Yangon, June 1 (MMT) - Rakhine State’s high court has rejected an appeal to dismiss charges filed against Arakan politician U Aye Maung an allegedly anti-government sermon he gave in Rathedaung township on Jan ...

Move to amend Bar Law gains Steam Legal Moves again delay Defamation Trial of Ko Swe Win Clothing Factory ordered to pay 52 Workers more

SC sets Reckoning Period for Right to speedy Disposition of Cases

MANILA, July 31 (PNA) - The Supreme Court (SC) on Tuesday ruled that the proper reckoning period for speedy disposition of cases begins at the preliminary investigation stage.

SC downgrades Raps vs Delfin Lee to simple Estafa CA orders Marikina Judge out of SMHC Theft Case vs Indonesian Bizman CA bars Use of Three Maguindanao Massacre Suspects as State Witnesses more

Ombudsman denies Somchai’s Request to seek Constitutional Court Ruling on EC Law

BANGKOK, Jan 13 (NNT) - The Office of the Ombudsman has resolved to drop a petition filed by Election Commissioner Somchai Srisutthiyakorn requesting the Ombudsman seek a Constitutional Court decision on the constitution ...

PM says Government never used Article 44 to intervene in Justice System CDC advises NLA to seek Constitutional Court ruling on NACC Bill CDC: Appeal in Rice Case must be filed by Defendant more

INDUSTRY UPDATES

CJ Bets face JBC Grilling Over Income, Properties in SALN

MANILA, Aug 16 (PNA) - The contents of the Statements of Assets, Liabilities and Net Worth were among the issues raised by members of the Judicial Council (JBC) in Thursday's public interview for aspirants vying for the Chief Justice post.

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Reyes, Tejano-Ang Wrap up JBC Interview for CJ Post

MANILA, Aug 16 (PNA) - Supreme Court Associate Justice Andres Reyes Jr., and Judge Virginia Tejano-Ang of the Regional Trial Court Branch 1 in Tagum City, Davao del Norte were the last two aspirants for Chief Justice who went under questioning by the Judicial and Bar Council (JBC) on Thursday.

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De Castro to revive Key Reform Projects once picked as CJ

MANILA, Aug 16 (PNA) - Despite her imminent retirement from the judiciary in less than two months, Associate Justice Teresita Leonardo-De Castro on Thursday said she will be able to introduce reforms in the Supreme Court (SC) once named Chief Justice.

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Bersamin: No Pressure Felt from Gov't in Rulings on Cases

MANILA, Aug 16 (PNA) - Associate Justice Lucas Bersamin on Thursday said he has never felt any pressure from other government branches in rendering decisions on various cases.

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Court of Appeal Judge reprimanded by His Superior over Dissenting Judgment

KUALA LUMPUR, Aug 16 (Bernama) – A Court of Appeal Judge has today disclosed that he had been reprimanded by a top judge for writing a dissenting judgment in unilateral conversion of M.Indira Gandhi case two years ago.

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Judicial Activism has Led to Renaissance in Administrative Law, says Academician

KUALA LUMPUR, Aug 15 (Bernama) – There is more judicial activism now which has led to a renaissance in administrative law, according to an academician.

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Cabinet acknowledges Progress in Thailand-Myanmar Cooperation in fighting Drug Trade

BANGKOK, Aug 15 (NNT) - The Cabinet has acknowledged progress made in Thailand’s cooperation with Myanmar in tackling drug problems in the border area.

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NLA whip to decide on proposed Amendment of EC Act - VP Surachai

BANGKOK, Aug 15 (NNT) - The National Legislative Assembly whip will be the person responsible for the ultimate decision to proceed with a proposed amendment of the Election Commission Act, says the legislature’s Vice President Surachai Liengboonlertchai.

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CA confirms Poll Exec, Foreign Service, Military Officers' Appointment

MANILA, Aug 15 (PNA) - Commission on Elections (Comelec) Commissioner Marlon Casquejo and several foreign service and military officers hurdled the Commission on Appointments (CA) on Wednesday.

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House installs Yap, Pichay as New Deputy Speakers

MANILA, Aug 15 (PNA) - The House of Representatives on Wednesday elected two new deputy speakers following the ascension of Pampanga Rep. Gloria Macapagal-Arroyo to the speakership.

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Five CJ bets to face JBC Interview Thursday

MANILA, Aug 15 (PNA) - The five candidates for the post of Chief Justice of the Supreme Court (SC) will walk into the line of fire with their Judicial and Bar Council (JBC) interview set on Thursday.

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IRD to build ICT System enabling Tax Payments

Taxpayers may soon be able to pay their dues to the government via mobile banking, said U Min Htut, director general of the Internal Revenue Department (IRD).

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Law Enforcement remains weak: Deputy Minister

Laos has enacted over 100 laws since national liberation in 1975, but law enforcement remains weak, a senior official has admitted.

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Exercise of Freedom must be in accordance to Federal Constitution - Eddin Syazlee

JOHOR BAHRU, Aug 14 (Bernama) - The exercise of individual’s right to freedom, be it freedom of religion or speech, must be done in accordance to the provisions in the Federal Constitution, says Deputy Communications and Multimedia Minister Eddin Syazlee Shith.

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International Malaysia Law Conference 2018

The 4-day International Malaysia Law Conference (“IMLC”) 2018, the flagship biennial event of the Malaysian Bar themed “Raising the Bar: Innovate. Integrate. Emulate.” is underway.

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IMLC 2018: Change of Government an impetus for strengthening the Rule of Law, says Sultan Nazrin Shah

KUALA LUMPUR, Aug 14 (Bernama) - The recent change of government in Malaysia has given a fresh impetus to strengthen the rule of law in the country, the Sultan of Perak, Sultan Nazrin Shah said today.

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1Mine urges Government to postpone SST

KUALA LUMPUR, Aug 14 (Bernama) - The government has been urged to postpone implementation of the Sales and Services Tax (SST) come Sept 1 until a directive on the newly passed tax law is clearly outlined.

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Seizure of Equanimity made according to Legal Procedures - Liew Vui Keong

KUALA LUMPUR, Aug 14 (Bernama) - Minister in the Prime Minister’s Department Datuk Liew Vui Keong told the Dewan Rakat today that the seizure of the superyatch Equanimity was made according to Malaysian procedures and laws.

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