Tort

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Wah Shen Development Sdn Bhd v Success Portfolio Sdn Bhd

Tort – Private nuisance – Smell from the adjoining defendant’s pig farm adversely affecting the sale of residential houses and shophouses developed on the plaintiff’s land – Action for injunctive relief and damages Tort – Private nuisance – Scope of the tort of private nuisance – Whether the plaintiff entitled to a perpetual injunction to restrain the defendant from continuing with the rearing of pigs on the defendant’s land – Whether damages recoverable Tort – Private nuisance – Whether the trial court had given undue consideration to the fact that the defendant’s pig farm had pre-existed the plaintiff’s development of the land – Whether the trial court had given due consideration to the current usage of land by the plaintiff in determining whether there was nuisance – Whether the duration of a particular activity a material consideration – Application of “the eggshell skull rule” – Whether appellate intervention warranted

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Turf Club Auto Emporium Pte Ltd and Others v Yeo Boong Hua and Others, and Another Appeal

Contract - Remedies - Damages; Equity - Fiduciary relationships; Tort - Conspiracy; Tort - Inducement of breach of contract

Date: 02 August 2018; Court: Court of Appeal; Citation: [2018] SGCA 44; Source: Singapore Law Watch

Singapore Rifle Association v Singapore Shooting Association

Tort - Negligence - Duty of care; Tort - Negligence - Breach of duty; Tort - Negligence - Causation

Date: 23 July 2018; Court: Court of Appeal; Citation: [2018] SGCA 42; Source: Singapore Law Watch

Manzer Medical Sdn Bhd and 2 Others v Bongsor Bina Sendirian Bhd

Tort – Conspiracy to defraud as a tortious claim – Standard of proof for conspiracy to defraud

Litigation & court procedure – Whether the trial court plainly wrong – Whether appellate intervention warranted

Date: 27 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 214; Source: Federal Court Registry

NTUC Foodfare Co-operative Ltd v SIA Engineering Co Ltd and Another

Tort - Negligence - Duty of care; Tort - Negligence - Causation

Date: 19 July 2018; Court: Court of Appeal; Citation: [2018] SGCA 41; Source: Singapore Law Watch

Hassan Bin Marsom and 6 Others v Mohd Hady Bin Ya’akop

Tort – False imprisonment – Damages for false imprisonment – Whether damages for false imprisonment could be awarded for detention under an order of a magistrate under section 117 of the Criminal Procedure Code

Tort – False imprisonment – Whether the arrest was lawful – Whether the detention under the ...

Date: 07 June 2018; Court: Federal Court; Citation: [2018] MYFC 16; Source: Federal Court Registry

Wibowo Boediono and Another v Cristian Priwisata Yacob and Another, and Other Appeals

Tort - Misrepresentation - Fraud and deceit; Tort - Negligence - Solicitors’ duties

Date: 09 July 2018; Court: Court of Appeal; Citation: [2018] SGCA 38; Source: Singapore Law Watch

Ten Leu Jiun Jeanne-Marie v National University of Singapore

Tort - Negligence - Breach of duty; Tort - Intimidation; Tort - Misfeasance in public office; Contract - Breach - Obligation to award academic degree

Date: 09 July 2018; Court: High Court; Citation: [2018] SGHC 158; Source: Singapore Law Watch

Rohini d/o Balasubramaniam v HSR International Realtors Pte Ltd

Agency - Principal - Tortious liabilities; Tort - Vicarious liability; Tort - Negligence - Breach of duty

Date: 05 July 2018; Court: Court of Appeal; Citation: [2018] SGCA 37; Source: Singapore Law Watch

Ng Siok Poh (administratrix of the estate of Lim Lian Chiat, deceased) and Another v Sim Lian-Koru Bena JV Pte Ltd

Damages - Measure of damages - Tort

Date: 03 July 2018; Court: Court of Appeal; Citation: [2018] SGCA 35; Source: Singapore Law Watch

Kee Boon Suan and 2 Others v Adventist Hospital & Clinical Services (M) and 3 Others, and 3 Other Appeals

Tort – Negligence – Duty of care owed by medical doctors to patients – Failure to obtain an informed consent from the patient’s father before surgery – Failure to request the hospital to supply requisite facilities for the surgery – Performance of spinal surgery without requisite facilities – Whether amo ...

Date: 23 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 188; Source: Federal Court Registry

Amm A/L Joy v Chuan Seng Sdn Bhd

Trespass – Damages – Assessment of damages – Legal principles applicable when assessing damages in a claim for trespass

Date: 28 March 2018; Court: Court of Appeal; Citation: [2018] MYCA 134; Source: Federal Court Registry

Koperal Zainal Bin Mohd Ali and 6 Others v Selvi A/P Narayan and Another

Tort – Death in police custody owing to negligence – Exemplary damages – Quantum – Whether the exemplary damages awarded to the plaintiffs fair and reasonable

Date: 23 April 2018; Court: Court of Appeal; Citation: [2018] MYCA 130; Source: Federal Court Registry

Yee Thian Futt and 4 Others v Liew San Kian and 4 Others

Date: 27 February 2018; Court: High Court of Sabah & Sarawak; Citation: Suit No. KCH-22NCVC-58/9-2014; Source: High Court of Sabah and Sarawak

Tow Kong Liang and 9 Others v FBO Land (Setapak) Sdn Bhd

Date: 12 March 2018; Court: Court of Appeal; Citation: Civil Appeal No. W-02-1226-06/2012; Source: Federal Court Registry

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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