On 9 February 2010 the Federal Court (Alauddin Mohd Sheriff PCA, Arifin Zakaria CJ (Malaya), Zulkefli Ahmad Makinudin, Mohd Ghazali Mohd Yusoff and Abdul Hamid Embong FCJJ) handed down a unanimous decision on Nizar v Zambry. The judgment of the court was read by Chief Judge, Malaya Arifin Zakaria.
A consideration of whether a judge should be permitted to change his mind about a legal issue he decided previously to the contrary.
(Note this post may contain mistakes as it is paraphrased. Full judgment will be posted soon and this post will be removed by the end of the day) 1109 no order as to costs by consent. Question 1 answered in affirmative, question 2 answered that extraneous means possible, question 3 if mb doesn’t resign, post [...]
Pondering why the Attorney General Chambers of 1Malaysia (1AG) has not yet charged Datuk Nasir Safar under the Sedition Act 1948 and its relevance to the Federal Court decision of Lim Guan Eng v PP  2 CLJ 541.
The Federal Court handed McDonald’s a loss in finding that the use of the “Mc” prefix by McCurry Restaurant did not amount to passing off of the McDonald’s trade name and get-up.
The grounds of decision of Ariff Yusof J in the SIS book banning case.
The Malaysian High Court in Bakri Mohamad Ali v PP  1 CLJ 610 has finally judicially defined and explained a phrase that has vexed Malaysians for some time. Let us now rejoice and use it with new found confidence and variations.
All eyes will be on the Federal Court this Thursday as it delivers a major decision whether to end nine years of gross injustice caused by the 2000 decision of the Federal Court in Adorna Properties Sdn Bhd v Boonsom Boonyanit (“Adorna Properties”) or to follow and further entrench Adorna Properties in the laws relating to property sales by forgers in this country. It is one case which will be closely watched by property owners and conveyancers both within and without this country.
The High Court grounds of judgment of the Titular Roman Catholic Archbishop of Kuala Lumpur v 1. Menteri Dalam Negeri 2. Kerajaan Malaysia, Kuala Lumpur High Court Judicial Review: R1 – 25 – 28 – 2009 is available here.
Justice Zabidin Diah’s decision on July 16, 2009 allowing the defence pre-trial discovery of certain documents may be downloaded here. The order was on July 24, 2009 stayed pending disposal of the prosecution’s appeal to the Court of Appeal.
The 3rd grounds of judgment by Datuk Zainun bt. Ali JCA may be downloaded here. The first two grounds are found here.
The Outline of Reasons delivered by the Court of Appeal on July 2, 2009 is here. The Court held inter alia: I. On the issue of legitimate expectation that the AG would not in any way partake in the prosecution of DSAI:
Loyarburok makes available the written groudns of Dato’ Md. Raus bin Sharif JCA and Dato’ Ahmad bin Haji Maarop JCA
Selected extracts of the grounds setting aside the Perak Speaker’s decisions that the State seats of Behrang, Changkat Jering and Jelapang were vacant pursuant to their Assemblypersons’ purported resignations follows.
With regard to my post “The RPK case – a significant victory”, I would like to inform that the Federal Court’s grounds of judgment, as written by the Chief Judge of Borneo, Justice Richard Malanjum, may be found at the the Court’s website. Here are some key extracts from the Judgment.
Selected extracts of the grounds setting aside the suspension of Zambry & 6 others follows. On the objection that proceedings should have been commenced by way of judicial review, the Court held: The rule in O’Reilly v Mackman  3 All ER 1124 has been adopted by the Court of Appeal in cases such as [...]
These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA. Any mistakes herein are mine.
… it is my view that the genius in our Constitution is that we have chosen a system of Government anchored on the principles and practices of Constitutional Monarchy and parliamentary democracy whereby the Yang di Pertuan Agong and the Rulers constitutional roles are set out in the Constitution and the people is given the [...]
These are the handwritten notes of the High Court’s draft Grounds of Judgment in the MB v MB matter delivered orally on 11.5.2009, and recorded by my colleagues, Joanne Leong and Daniel Cheong, which I have vetted and edited. The learned Judge indicated that His Lordship’s full Grounds will be delivered soon. There may be [...]
The RPK Grounds of Judgment by Datuk Syed Ahmad Helmy