MALAYAN BANKING BHD v CHING SUIT
[2011] 1 CLJ 615 (CA) A Letter of Credit may be described as an instrument issued by an issuing bank at the request of its buyer customer whereby the bank promises to pay the seller beneficiary provided the latter presents the documents called for, exactly as stipulated in the LC and meet all the other […]
SERENDAH GOLF RESORT SDN BHD v MK GOLF RESORT BERHAD
[2011] 1 LNS 135 At the outset it will be significant to note that none of the Applicants in Enclosures 27, 30 and 39 have appealed against the decision of the Court declaring the election of Tam as the Liquidator on 3/8/10 null and void nor against the decision not to hold another creditors’ meeting […]
MUNAWAR AHMAD ANEES v PP
[2010] 1 CLJ 802 (FC) It was not in dispute that the applicant’s case originated from the Sessions Court and came before the High Court in its appellate capacity and not under its original jurisdiction. Section 87 of the Courts of Judicature Act 1964 provides that the Federal Court shall have jurisdiction to hear and determine any […]
BANK PERUSAHAAN KECIL DAN SEDERHANA BERHAD v SAR HELICOPTER SDN BHD
[2010] 1 LNS 1828 (HC) This case inter alia dealt with documentary credit. The Defendants alleged that the Plaintiff was negligent in unilaterally changing the terms of the Letter of Credit from UCP 500 to URC 522. According to the Defendants, this is not permitted under Article 9 (d) (i) of UCP 500. This violation, […]
TAN HAN HUA v ARULARASU BALAKRISHNAN
[2010] 8 CLJ 227 The defendant lodged a police report that his company was being cheated and the plaintiff contended that it was not a false report. The Court held that the issues raised by the plaintiffs were issues of evidence to be deliberated and evaluated at the plaintiffs’ criminal trial. The court here was […]
CIMB BANK BERHAD v UB CO-MANAGEMENT SDN BHD & ORS
[2010] 1 LNS 1379 (HC) The High Court accepted the principles that any documents on its production appear to have some alteration it is the general rule that the party offering it as evidence must explain the alteration. Further, a person who choose to be careless or not bothered to find out the contents therein […]
NG CHOOI KOR v ISYODA (M) SDN BHD
[2010] 3 CLJ 162 (CA) The Court of Appeal agreed with Datuk Ganesan on the issue of credibility and weight of evidence. The Court of Appeal further agreed that if the learned judge had directed himself properly and adequately appreciated the totality of the evidence available before him, he would not have found that the […]
KARYA LAGENDA SDN BHD v KEJURUTERAAN BINTAI KINDENKO SDN BHD & ANOR
[2009] 2 CLJ 1 (FC) The Federal Court held that the bank guarantee was an unconditional and an “on demand” performance bond / bank guarantee. Payment should therefore be effected notwithstanding any contestation by the appellant or the respondent when a valid demand on the bank guarantee was made. All that was required was a demand simpliciter to […]
AFFIN BANK BHD v. JALALUDDIN JAFFAR
[2008] 10 CLJ 42 Since there was no restriction as to how service was to be effected, any method of service might be employed. Therefore, it might be served by ordinary mail. Ordinary mail was a common and generally reliable system for delivery of letters to any address. It was reasonable to expect that in […]
SATERAS RESOURCES (MALAYSIA) BHD v PENGURUSAN DANAHARTA NASIONAL BERHAD & ORS
[2008] 1 LNS 717 (CA) The main issue in this case was that the petition for winding up grounded upon the judgment dated 10.10.2000 which has established a joint liability not only against the Appellant but also against another company. Datuk Ganesan was the counsel for the 2nd, 3rd, 4th, 5th, 6th and 7th Respondents. […]