COMPANIES: LIFTING THE CORPORATE VEIL

Hotal Jaya Puri Bhd v  National Union of Hotal, Bar & Restaurant Workers[1980]1 MLJ 109

The Federal Court lifted the corporate veil in the interest of justice and upheld the finding of the Industrial Court that Hotel Jaya Puri was the employer of retrenched employees of Hotal Jaya Puri Chinese Garden Restaurent Bhd.

ARE COMPANY DIRECTORS EMPLOYEES?

The above question was answered in the case of Inchcape Malaysia Holdings Bhd v R.B Gray [1985] 2 MLJ 297 . It was held that a director cannot be a workman because a director was the very brain of the Company or the directing mind determining and formulating the  Company's policy.

What the above decision means is that the Director does not come under the IRA 1967 and therefore the remedies available under in the Industrial court are not available to him.He has to file a case in the Civil Courts.

WARRANT OF AUTHORITY

FORM B

( Rule 4)

IN THE INDUSTRIAL COURT

Section 27 of the Act

WARRANT OF AUTHORITY

In the matter of Kes No. 4/4-824/10

 Between

LAI MENG HUA

And

TAI KWONG BATTERY (KL) SDN.BHD

I, LAI MENG HUA, hereby authorise the law firm of VijiaRajan & Associates to represent the Claimant at the proceedings before the Industrial Court in this case.

He is a legal practitioner appearing by permission of the President.

Dated this 7th day of JuneSeptember 2010 .

                                                                      …....................................

   LAI MENG HUA

                                   5C-05-03 Blok C,D ’ Kiara Apartment

                                           Jalan Wawasan 4/12 Pusat Bandar Puchong

47100 Puchong.

COERCION

A TRUE CONTRACT REQUIRES THE AGREEMENT OF PARTIES THERETO FREELY MADE WITH FULL KNOWLEDGE AND WITHOUT ANY FEELINGS OF RESTRAINT.

POLLOCK & MULLA ON INDIAN CONTRACT AND SPECIFIC RELIEF ACTS 10TH EDITION AT PAGE 117

[2010] 2 MLJ PAGE 3

TAN YIN HONG V TAN SIAN SAN & ORS

It is trite law that this Court may depart from its earlier decision if the former decision sought to be overuled was wrong,uncertain, unjust or outmoded or obsolete in the modern conditions. As it was clear that the Federal Court  in the Adorna Properties case had misconstrued S340(1) (2) and (3) of the NLC and thus came to the erroneous conclusion that the proviso to S340(3) applied equally to S340(2), this error needed to be remedied forthwith  in the interest of all the registered proprietors.
PS With the above decison, the principle as laid down in Adorna Properties was unceremoniously buried.

PROSAIC- ITS MEANING

prosaic - lacking imagination

The Chancery Division

The Chancery Division of the High Court undertakes civil work of many kinds, in particular business and property related disputes and including some specialist work such as companies, competition, insolvency and patents and other intellectual property.

THE LAW AND ITS IMPORTANCE

" Law,says the Judge as he looks down his nose,
  Speaking clearly and most severely
  Law is as I have told you before
  Law is as you know I suppose
  Law is but let me explain it once more
  Law is the Law."
W.H AUDEN, extract from Law is like Love."

LLB,LLM- THEIR MEANING

LLB   abbreviation for Latin Legum Baccalaureus [Bachelor of Laws]
LLM  abbreviation for Latin Legum Magister [Master of Laws]

[2009] 9 MLJ p.509

LIM CHENG BOON V F & N DAIRIES (M) SDN. BHD
 HIGH COURT -  KUALA LUMPUR
 ISSUE: WHETHER RELATIONSHIP OF AGENCY EXISTED
HELD: THERE WAS AN AGENCY BETWEEN THE PLAINTIFF AND THE DEFENDANT BECAUSE THE DEFENDANTS INVOICE MENTIONED THE WORD "SALESMAN" AND WAS GIVEN A CODE NUMBER 2949

[2009] 9 MLJ 464

DATO KUAH TIAN NAM V TAN WRUN PENG
Whether bankrupt Plaintiff had locus standi to institute proceedings against defendant. Plaintiff adjudicated bankrupt in Singapore.

Held: Sect 104 of  the Bankruptcy Act 1967 provides for reciprocal  provisions between Singapore and Malaysia  in all matters and bankruptcy. Plaintiff had no locus standi to institute an action here. 

[2009] 9 MLJ p.328

ARCTIC BUILDING AND CIVIL ENGINEERING SDN. BHD V AHMAD ZAKI SDN. BHD & ORS
Plaintiff had relied on letters not pleaded it its claims.
Held: The letters of appointment to the plaintiff had categorically showed that it was the third defendant who had appointed the plaintiff to supply sand and earth for the project.A Contract cannot confer rights or impose obligations arising under it to any person except the parties to the contract itself.

[2009] 9 MLJ 318

BOO ARE NGOR ( Claiming as the lawful trustee of Kim Leng Tze Temple) v Pentadbir Tanah Daerah Muar & Anor
Civil Procedure- Whether 14 days requirement to file affidavit in reply mandatory.
Held: The word 'must' that appears in  Order 28 r 3(4) of the RHC requires the 14 day requirement to be mandatorily complied with or otherwise there would be no end to the old habits of filing affidavits at the last minute prompting the other side to seek adjournments.

AHMAD NAZARI V PP

HIGH COURT - ALOR  SETAR- CRIMINAL APPEAL NO 42-11 OF 2005

Criminal Law-Penal Code- S376-Rape- Whether identification parade was unfair
 The accused was charged under S376 of the Penal Code with two seperate offences of raping a 63 year old female rubber tapper.
Held: The identification parade were made up of members of the public and inmates from the lock-up
Sentence- 14 years imprisonment and six strokes of whipping