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NG YING YIING v. SYMPHONY LIFE BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1678 OF 2024 [CASE NO: 22-4-645-22]
24 OCTOBER 2024

(i) An employer cannot dismiss an employee without just cause or excuse. In this case, the employer dismissed the claimant, a Group Chief Financial Officer, without sufficient justification. The court found that the employer’s allegations were unfounded and that the dismissal was motivated by ulterior motives, including the motive by another director to obstruct an investigation into his own misconduct; (ii) Punitive damages are not typically awarded in industrial relations matters. A claimant could potentially pursue a civil action against the individual responsible in orchestrating the wrongful dismissal.

MALAYAN BANKING BHD v. MOHD AFFANDI AHMAD & ANOR
FEDERAL COURT, PUTRAJAYA
ZABARIAH MOHD YUSOF FCJ
HASNAH MOHAMMED HASHIM FCJ
NORDIN HASSAN FCJ
[CIVIL APPEAL NO: 02(f)-5-03-2024 (J)]
4 OCTOBER 2024

A subsequent purchaser in good faith under the Torrens system is protected, even if they are negligent in their due diligence, as long as they rely on the conclusive nature of the registered title and have no notice of any adverse claims. A bank (or any subsequent purchaser) may rely on the registered title of a property and is not required to conduct extensive investigations into the history of the property or the validity of prior transactions, as long as there are no obvious signs of fraud or adverse claims.

SUTHAKAR SIVAKUMAR lwn. PP & RAYUAN YANG LAIN
FEDERAL COURT, PUTRAJAYA
ZABARIAH MOHD YUSOF HMP
ABU BAKAR JAIS HMP
AB KARIM AB JALIL HMP
[RAYUAN JENAYAH NOS: 05(M)-5-01-2023(C); 45-05(M)-6-01-2023(C); 05(M)-7-01-2023(C);
05(M)-8-01-2023(C) & 05(M)-9-01-2023(C)]
03 OCTOBER 2024

(i) Pengecaman di mahkamah adalah keterangan substantif manakala pengecaman semasa kawad cam adalah keterangan menyokong. Mahkamah boleh bergantung pada pengecaman yang dibuat di dalam mahkamah sebagai bukti utama, walaupun terdapat percanggahan dalam pengecaman semasa kawad cam; (ii) Kredibiliti saksi bukan semata-mata ditentukan oleh sama ada mereka adalah saksi berkepentingan. Mahkamah boleh menilai kredibiliti saksi berdasarkan pelbagai faktor, termasuk tingkah laku mereka, kekonsistenan keterangan dan sokongan oleh lain-lain keterangan; (iii) Pertuduhan untuk kesalahan membunuh adalah bawah s. 302 Kanun Keseksaan ('KK') dan bukan bawah mana-mana peruntukan s. 300(a) hingga (d) KK. Fokus sebenarnya adalah pada s. 302 KK dan untuk membuktikan kesalahan bunuh bawah s. 302 KK, elemen-elemen bawah s. 300 harus dilihat hanya untuk menjelaskan bagaimana elemen mens rea boleh dibuktikan terhadap tertuduh; (iv) Kelewatan dalam menulis alasan penghakiman tidak semestinya memudaratkan pihak-pihak khususnya apabila kes yang didengar melibatkan banyak pihak dan mengkehendaki mahkamah meneliti dengan rapi setiap keterangan

SANTANASAMY MUTHIAH v. PP
FEDERAL COURT, PUTRAJAYA
NALLINI PATHMANATHAN; RHODZARIAH BUJANG; ABU BAKAR JAIS FCJJ
[CRIMINAL APPEAL NO: 05(M)-(W)]
4 OCTOBER 2024

The court's duty is limited to interpreting the provisions of statute and not to fill the gaps in the statute as that would amount to usurpation of the functions of Legislature. Hence, in interpreting whether the sentences of multiple whipping could be ordered concurrently or consecutively, where the statute is silent, the court has to look at the intention of Parliament. If Parliament had intended sentences of whipping could be ordered concurrently, it would have passed the legislation to that effect. The absence of such legislation indicates quite clearly that whipping should be meted out consecutively and not concurrently.

“However, at the hearing of the leave application, it became clear that the crux of the applicant's submission in this application is that the said s. 36 notices are illegal and/or ultra vires primarily due to the fact that the information sought through the same date back to 1997 but that s. 36 of the MACC 2009 came into force only in 2009. As such, it is contended that the utilisation of the said s. 36 notices was in excess of jurisdiction as the said notices being a tool to investigate were non-existent prior to the enactment of the MACC 2009.”

“In my view, since the investigation into the possible offences committed by Abdul Daim was only commenced after the coming into force of the MACC 2009, then, notwithstanding that the information so requested by the said notice may relate back to 1997, the said s. 36 notices are still valid and properly issued by the respondents. In my opinion, the very purpose of s. 36 of the MACC 2009 is to provide the respondents with the necessary tools to investigate possible offences where such investigations have only commenced after coming into force of the MACC 2009.”

“In my further view, the possibility that the offence may have been committed prior to 2009 cannot and does not negate the legality of the said s. 36 notices herein. In my opinion, the respondents are certainly entitled to use the s. 36 notices as they have for any investigations that have commenced after the coming into force of the MACC 2009. In my opinion, just because the offence may possibly predate 2009, it is certainly cannot be expected of them to then rely on the Public Prosecutor or the court to issue summons under s. 51 of the Criminal Procedure Code for the production of documents when they have express powers given to them under the MACC 2009 to issue notices requesting for information.”

“As such, under all the circumstances of the case, I find that the said s. 36 notices are valid and not illegal/ultra vires as contended.” – Per Anand Ponnudurai J in Josephine Premila Sivaretnam v. Ketua Pesuruhjaya Suruhanjaya Pencegahan Rasuah Malaysia & Anor [2024] 10 CLJ 453

“The Liquidator must not simply admit the POD but must have the duty to scrutinise the details of the same as required by Rule 92 of the Companies (Winding Up) Rules. The Liquidator is to act with great caution and is allowed to request documents to satisfy himself of the claim. There is nothing to show that the Liquidator on being suspicious of the claim was unreasonable in requesting in such circumstances for further and better particulars of the claim. In the present case, the said Liquidator has decided not to take the face value of the two (2) Credit Notes and to say that the Applicant has paid the purchase price in full or any part thereof. The Court should be slow in interfering with the decision of the Liquidator where it has not been demonstrated that the Liquidator had erred in his decision. Being an officer of the Court when so appointed by the Winding Up Court, the Liquidator's task is onerous and there were high expectations cast on his shoulder.” - Per Faridz Gohim Abdullah JC in Bong Jin Ching & Ors v. Besthouse Development (M) Sdn Bhd; Quality Concrete Sdn Bhd (Applicant) [2024] CLJU 1937

“The task faced by the court in conducting the trial in this case, and in making a determination on the merits, was hampered not only by the manner in which the defence had conducted its case – which had led to the issuance of unless orders – but also by the quality of the submissions advanced, which in my respectful view fell far below the standards expected of counsel. The court struggled to understand the precise nature of many of the arguments advanced by the plaintiffs because the submissions suffered from a chronic lack of organisation, with contentions of breach peppered liberally throughout the written submissions. It was left to the court to impose order and rigour to the points raised in order to properly analyse the contentions of breach. Worse, the manner in which counsel for the defendants presented the rebuttal submissions left the court guessing as to the true nature of the counter-arguments being advanced.” - Per Azizul Azmi Adnan J in A Minor (A Minor Suing Through His Mother And Litigation Representative, CCY) & Ors v. Pengarah Hospital Tuanku Ja'afar, Seremban & Ors [2024] 10 CLJ 22

UPDATED
( as of 03 December 2024)

REVOKED
(as of 21 November 2024)

The article analyses the role of interested witnesses in criminal trials within the context of natural justice, emphasising the principle of audi alteram partem (right to be heard). In order to guarantee a fair trial, this principle advocates hearing all parties, notwithstanding any apparent prejudices. Interested witnesses, even though they could have vested interests, interested witnesses—like family members or close friends—are not always prohibited from testifying. Nonetheless, the consistency and dependability of their testimony are closely examined.

Like in many other legal systems, Malaysian law does not ignore the testimony of an interested witness based only on possible bias. Rather, it evaluates the evidence and weighs any biases against the necessity to arrive at a fair conclusion. Few cases demonstrate this idea, demonstrating that biased witnesses' testimony—including that of family members—can be admitted if it is reliable and essential to the case.

This article also discusses accomplices' function as interested witnesses, pointing out that although their unsupported testimony may theoretically lead to a conviction, a maximum evaluation must be strictly applied to assess their claims. It emphasises how the Malaysian legal system, based on rigorous legal interpretation and moral considerations, applies natural justice principles to guarantee that all parties are treated fairly. This emphasises the judiciary's responsibility to provide a fair trial by balancing the right to be heard and an unbiased evaluation of the evidence, regardless of the witness's possible stake in the case's outcome.

Until the decision in Foo Fio Na v. Dr Soo Fook Mun & Anor,^[1] Malaysian courts have always taken the position that the principle as to the standard of care expected of a medical practitioner is as laid down by the Queen's Bench Division (UK) case of Bolam v. Friern Hospital Management Committee.^[2] According to this case, the standard of care expected of a medical practitioner is merely to have acted in accordance with "acceptable medical practice". It was held that the professionals in the medical field were best suited to determine what was "acceptable", resulting in the effect of "doctor knows best".

The case in Bolam v. Friern Hospital Management Committee^[3] revolved around the negligence of doctors with respect to the treatment provided to patients. The plaintiff, John Hector Bolam ('Bolam') was admitted to Friern Hospital where he was diagnosed to be suffering from the aftereffects of a mental illness. He was examined by the consultant psychiatrist attached to the hospital and was advised to undergo electro-convulsive therapy which was carried out by placing electrodes on the plaintiff's head to allow an electric current from a machine to pass through his brain. Such electric current would cause convulsions akin to the nature of a fit. In the course of the treatment, the plaintiff sustained severe physical injuries consisting of the dislocation of both hip joints with fractures of the pelvis on each side.

Statutory bodies are established through acts of Parliament, empowered to carry out specific functions that are often better suited to exist outside the traditional confines of government ministries or departments. These entities aim to enhance government efficiency by operating swiftly, similar to private sector companies, without being constrained by administrative regulations.

The functions of statutory bodies are diverse, encompassing areas such as investment management—illustrated by organisations like Lembaga Tabung Haji and the Employees Provident Fund (EPF)—as well as sectoral regulation through bodies like the Securities Commission Malaysia (SC), the Malaysian Communication and Multimedia Commission (MCMC), and the National Water Services Commission (SPAN). Additionally, they contribute to industry and socioeconomic development via organisations such as Majlis Amanah Rakyat (MARA) and the Federal Land Development Authority (FELDA), among others.

The United Nations imposes an obligation on Member States to comply with the decision of the International Court of Justice. If a party to a dispute fails to do so, the other party can refer the matter to the Security Council which will then make recommendations or decide to take appropriate measures to give legal effect to the decision of the Court. This paper highlights hurdles with the enforcement of judgments of the International Court of Justice through the Security Council by analysing the Nicaragua case, in which it was apparent that the Security Council decided the matter politically by following its stringent voting procedures. Of course, it is not the desired outcome for the parties to receive a political solution through the Security Council after they have opted for the adjudicative means to settle their international dispute through the International Court of Justice with the hope of receiving a judicial solution to the case. Hence, this paper aims to explore options to render the decisions of the International Court of Justice with pragmatic, binding legal effect and efficient enforcement power. Accordingly, it is proposed that when a case of non-compliance of the decision of the International Court of Justice is brought to the Security Council, it should simply endorse the decision of the Court without deliberating it further and going through a voting process.

The Honourable the Chief Justice of the Supreme Court of Brunei Darussalam
Yang Berhormat Minister of Culture, Youth and Sports
Yang Berhormat Attorney General Yang Amat Arif Chief Syarie Judge
Yang Mulia Deputy Minister (Security and Law) at the Prime Minister's Office The Honourable Justices of the Brunei Judiciary
Your Excellency Mr Laurence Bay, the Singapore High Commissioner to Brunei Darussalam
My fellow Judges and colleagues from the Supreme Court of Singapore
Distinguished guests
Ladies and gentlemen

1. Good afternoon. Let me first thank Chief Justice Steven Chong and the Brunei Judiciary for inviting me to address this distinguished audience, and for the extremely warm and generous welcome that has been extended to the whole Singapore delegation – and, indeed, for the very generous introductory remarks of the Chief Justice. The special relationship of our two nations is reffected also in the deep and extensive exchanges between our respective judicial and legal establishments. So, it is a real pleasure for us to be here, and for me to have the opportunity to share the Singapore perspective on the role of the judiciary in promoting economic development and in supporting broader initiatives directed to this end.

Malaysia's public healthcare sector risks losing even more professionals if the Health Ministry refuses to take immediate measures to improve their livelihoods. Government healthcare workers, upset with the ministry's decision to reject the proposal to increase on-call allowances, told the New Straits Times that they were overworked and severely underpaid. Speaking on the condition of anonymity, one medical officer (MO) said they were bogged down with work, going as far as describing the workload as "crazy". "I've never experienced an increase in allowances ever since I was a houseman in 2016.

Some 1.5 million jobs are expected to be created in Sarawak up to the year 2030, said Deputy Premier Datuk Amar Douglas Uggah Embas.

He said these jobs will be generated by the many programmes and plans of the state’s Post Covid-19 Development Strategy (PCDS) 2030, of which one of its objectives is to increase the people’s income.

“Out of the total (1.5 million jobs), about 200,000 would be in the technical or skill sector. I have been told that Petros, as the third largest oil and gas company in the country, will need 20,000 technicians or skilled workers.

The Canadian government has presented a sustainable jobs bill intended to prepare workers for a transition to a lower-carbon economy following years of consultation and opposition from Alberta, Canada’s main fossil-fuel producing province.

Canada, the world’s fourth-largest oil producer and sixth-largest natural gas producer, has aimed for a 40 percent to 45 percent reduction in emissions by 2030 and net zero by 2050.

As many as 4.5 million Malaysians are likely to lose their jobs by 2030, if they do not improve their skills or attend reskilling and upskilling programmes with the rise of artificial intelligence (AI).

Human Resources Minister V. Sivakumar said this is based on the 2020 World Economic Forum warning that AI could cause a recession in the job market as it is already being used to automate tasks in various industries including manufacturing, healthcare and customer service.

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