Litigation & Court Procedure

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Sia Chin Sun v Yong Wai Poh

Civil procedure - Parties - Joinder; Civil procedure - Stay of proceedings; Civil procedure - Injunction

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Arahan Amalan Ketua Hakim Negara Bil 1 Tahun 2018

This Circular is to notify that Arahan Amalan Ketua Hakim Negara Bil. 1 Tahun 2018 dated 25 Apr 2018, pertaining to filing guidelines and payment of allocatur fees are made available for reference and the same has come into operation. Circular No. 134/2018
Date: 30 May 2018; Type: Circular; Source: Malaysian Bar

Arahan Penempatan dan Arahan Pertukaran Yang Arif Hakim/ Pesuruhjaya Kehakiman Mahkamah Tinggi Sabah dan Sarawak

This Circular is to notify the placements of Y.A. Puan Supang Lian and Y.A. Dr. Lim Hock Leng with effect from 1 June 2018, and Y.A. Tuan Ravinthran a/l N. Paramaguru and Y.A. Puan Celestina Stuel Galid with effect from 15 June 2018 (Friday). Circular No. 142/2018
Date: 04 June 2018; Type: Circular; Source: Malaysian Bar

Lim Thian Huat and Another v MBF Holdings Berhad and Another, and 7 Other Appeals

Litigation & court procedure – Whether the defendants could in law apply for and be granted an order under Order 33 rule 2 of the Rules of Court 2012 having previously failed in their application for an order under Order 14A – Whether the defendants’ applications under Order 33 rule 2 were barred by res judicata on the grou ...

Date: 01 June 2018; Court: Court of Appeal; Citation: [2018] MYCA 180; Source: Federal Court Registry

Rules of Court (Amendment) (No. 2) 2018

This is to notify the amendments to Appendices B1 and B2 of the Rules of Court 2012.
Date: 31 May 2018; Type: Federal Subsidiary Legislation; Citation: P.U. (A) 126 of 2018; Source: AGC Federal Gazette

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 January 15.
Date: 01 June 2018; Type: Legal News; Source: Myanmar Times

Best Re (L) Limited v China Pacific Property Insurance Co Ltd

Litigation & court procedure – Summary judgment – Whether the issues identified merited a full trial – Principles applicable to the entry of summary judgment – Whether the issue raised solely a question of law – Whether there was a triable issue – Burden of proof – Whether the judge had erred in the ...

Date: 18 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 174; Source: Federal Court Registry

Yeoh Jin Aik and Another v HSBC Bank (Malaysia) Bhd and Another Appeal

Litigation & court procedure – Estoppel – Whether estoppel or acquiescence is available as a defence to a bank in respect of losses incurred by its customers as a consequence of forgery committed by its employee

Litigation & court procedure – Estoppel – Whether mere silence or inaction over a period of tim ...

Date: 30 March 2018; Court: Court of Appeal; Citation: [2018] MYCA 168; Source: Federal Court Registry

DOJ to comply with COA Recommendations on Fund Use

MANILA, May 27 (PNA) - The Department of Justice (DOJ) said it would comply with the recommendations regarding its undocumented fund transfers, payrolls, and unauthorized bank accounts, which were flagged by the Commission on Audit (COA) in its 2017 audit report on the agency.
Date: 27 May 2018; Type: Legal News; Source: Philippine News Agency

E-Filing: Case Codes when Filing a New Case

This is to notify the members of the Bar that the Arahan Amalan Bil 7 Tahun 2013 is made available for reference. Circular No. 24/18
Date: 23 May 2018; Type: Circular; Source: Johore Bar Committee

Move to amend Bar Law gains Steam

Lawyers from around the country are being asked for input on amending the Bar Council Act, U Aung Kyaw Min, Chairman of the Bar Council Act amendment committee, told The Myanmar Times.
Date: 24 May 2018; Type: Legal News; Source: Myanmar Times

Lingam fails to revoke Decision striking him off Advocates' Rolls

KUALA LUMPUR, May 22 (Bernama) - Datuk V.K. Lingam today failed in his bid to revoke the decision of the disciplinary committee of the Malaysian Bar striking him out of the Rolls of Advocates and Solicitors.
Date: 22 May 2018; Type: Legal News; Source: Bernama

HRA Corp (SG) Pte Ltd v Cheng Mun Yip Marcus and Others

Civil Procedure - Interim Payments

Date: 17 May 2018; Court: High Court; Citation: [2018] SGHCR 7; Source: Singapore Law Watch

Lim Ban Hooi and Another v Malayan Banking Berhad

Litigation & court procedure – Action to enforce a charge on land – Order for sale of land – Application to set aside the order for sale – Whether the order sought barred by the Limitation Act 1953 – Whether section 21 of the Limitation Act 1953 applies

Date: 18 April 2018; Court: Court of Appeal; Citation: [2018] MYCA 155; Source: Federal Court Registry

BS Eramaju Engineering Sdn Bhd v OPS Suria (EM) Sdn Bhd and Another, and Another Appeal

Litigation & court procedure – Whether a judgment for a greater sum than the amount actually owed renders the judgment null and void – Power of courts to amend their orders to make necessary adjustments in such cases – Whether the judgment sum awarded was in excess of what was due

Litigation & court procedure &n ...

Date: 08 May 2018; Court: Court of Appeal; Citation: [2018] MYCA 84; 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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Arahan Amalan Ketua Hakim Negara Bil 1 Tahun 2018

This Circular is to notify that Arahan Amalan Ketua Hakim Negara Bil. 1 Tahun 2018 dated 25 Apr 2018, pertaining to filing guidelines and payment of allocatur fees are made available for reference and the same ...

Arahan Penempatan dan Arahan Pertukaran Yang Arif Hakim/ Pesuruhjaya Kehakiman Mahkamah Tinggi Sabah dan Sarawak Lim Thian Huat and Another v MBF Holdings Berhad and Another, and 7 Other Appeals Rules of Court (Amendment) (No. 2) 2018 more

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

DOJ to comply with COA Recommendations on Fund Use

MANILA, May 27 (PNA) - The Department of Justice (DOJ) said it would comply with the recommendations regarding its undocumented fund transfers, payrolls, and unauthorized bank accounts, which were flagged by the Commissi ...

SC grants Quo Warranto Petition to oust Sereno SC orders Adoption of New Plea Bargaining Rules for Drug Cases Makati Judge dismissed for 'Wrong Verdict' in US National Slay Case 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

Emergency Decree to be lifted in More Areas

BANGKOK, June 24 (NNT) - The National Security Council (NSC) is considering withdrawing the Emergency Decree in more areas of the restive south after last week’s revocation of the special law in two districts.

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INDUSTRY UPDATES

Chiang Mai Justice Office offers Guidance to Youth

CHIANG MAI, June 23 (NNT) - The Chiang Mai Justice Provincial Office is offering guidance to local youth to induce participation in preventing and solving the problem of crime in society.

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INDUSTRY UPDATES

EC Member calls for use of Special Law to determine Constituencies

BANGKOK, June 23 (NNT) - The Election Commission (EC) has called on the government and the National Council for Peace and Order (NCPO) to utilize Article 44 of the provisional constitution to speed up preparations for primary elections.

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INDUSTRY UPDATES

Excise Department to take Tax Measure to encourage use of B20 Biodiesel

BANGKOK, June 22 (NNT) - The Excise Department is taking a tax measure to encourage the use of B20 biodiesel.

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INDUSTRY UPDATES

Duterte appoints new CA Justice

MANILA, June  22 (PNA) - President Rodrigo Duterte has appointed Dorothy Montejo-Gonzaga as associate justice of the Court of Appeals (CA).

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INDUSTRY UPDATES

President to issue Online Licensing System

Denpasar, Bali, June 24 (ANTARA News) - President Joko Widodo (Jokowi) said the government will soon issue an integrated licensing system through "online single submission" to speed up the process of business licensing.

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INDUSTRY UPDATES

Journalists banned from Trial of Thamrin Bombings' Defendant

Jakarta, June 22 (ANTARA News) - Journalists reporting on the verdict on accused Oman Rahman involved in the Thamrin bombing in 2016 were banned from the main courtroom in the South Jakarta district court where the trial proceedings were ongoing.

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INDUSTRY UPDATES

Temporary Work Visit Passes revoked from 11th Year

PUTRAJAYA, June 22 (Bernama) - The Immigration Department has denied a newspaper report that the Home Ministry (KDN) was withdrawing the approval of extending the Visit Pass (Temporary Employment) or PLKS for the second and subsequent years approved by the previous government.

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INDUSTRY UPDATES

French Judiciary pursuing Scorpene Corruption Scandal - Guan Eng

KUALA LUMPUR, June 22 (Bernama) - Finance Minister Lim Guan Eng today met French Ambassador Frédéric Laplanche who disclosed that the French judicial system is pursuing the 1 billion-euro Scorpene submarine corruption scandal.

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INDUSTRY UPDATES

Datuk Nor Shamsiah Mohd Yunus appointed as the Bank Negara Malaysia Governor

His Majesty Yang di-Pertuan Agong has on 19 June 2018 granted his royal consent to the recommendation of YAB Prime Minister Tun Dr. Mahathir Mohamad to appoint Datuk Nor Shamsiah Mohd Yunus as the new Governor of Bank Negara Malaysia.

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INDUSTRY UPDATES

Actions against Companies in Enforcement Operation targeting Machinery Safety and Amputation Hazards

The Ministry of Manpower mounted a two-month enforcement operation in April and May 2018 targeting machinery safety to address hand and finger injuries at the workplace. 380 inspections were conducted at 350 companies in the manufacturing, construction and marine sectors.

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INDUSTRY UPDATES

House unveils New Website

The House of Representatives has unveiled its new website house.gov.ph., in its effort to bring legislation closer to the public. The website is easily navigable and uses simple, easy-to-understand language to engage the public and encourage interest in legislation.

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INDUSTRY UPDATES

Agreement on curbing Illegal Drug use through Preventive Education signed in New York

The Philippine Consulate General in New York witnessed the signing of a landmark Memorandum of Agreement between non-profit organization Friends Indeed USA Inc., and Philippine-based non-government organization People’s Volunteer Against Illegal Drugs on 27 May 2018 at Astoria World Manor, Queens, New York City.

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INDUSTRY UPDATES

Philippines Champions Small and Medium Entrepreneurs at APEC Senior Officials Meet

The Department of Foreign Affairs championed Micro, Small and Medium Enterprise (MSMEs) at the Second Senior Officials’ Meeting (SOM2) of the Asia-Pacific Economic Cooperation (APEC) in Port Moresby, Papua New Guinea.

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INDUSTRY UPDATES

DOJ-OOC continues Conduct of Judicial Training on Cybercrime for the ASEAN Prosecutors and Judges

The Department of Justice - Office of Cybercrime (DOJ-OOC), in partnership with the Supreme Court of the Philippines and the Global Action on Cybercrime Extended (GLACY+) Project, is set to conduct the Advanced Judicial Training Course on Cybercrime and Electronic Evidence for Judges, Magistrates and Prosecutors for the ASEAN Region in Cebu, Philippines on 19-22 June 2018.

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