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A Turnover Overturned (Part 2)

A comprehensive consideration scintillatingly written of Dr. Munawar Anees’ legal battle to clear his name in the Malaysian courtrooms and is left with what passes off for Justice in Malaysia – Injustice. This is the concluding part.

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McDonald’s v McCurry

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.

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The Damning Lack of Dissent

The local judiciary is notorious for its lack of dissent. An examination of why a culture of dissent is important for the judiciary and the implications of lacking such a culture.

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Ducking at the Court of Appeal?

Ducking at the Court of Appeal?

Amer Hamzah Arshad (with Fahri Azzat in support) continues LoyarBurok’s well-taken trademark tirade against the practice of Malaysian judges who duck writing judgments on important constitutional law issues.

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Landowners still not fully secure

The recent Federal Court decision has righted an egregious error in the law. But landowners can still be swindled out of their properties.

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Court-sanctioned Homicide of a Democratic Concept

3 days to the MyConstitution Phase 2 launch, “Constitutional Institutions and the Separation of Powers”, on Jan 15, 2010 at Sunway University College (4pm), Leslie Gabriel reminds us of the challenge which lies ahead to restore the concept of the separation of powers in this country.

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The Relevance of Augustine Paul

A meditation about the difficulty of celebrating or mourning the death of Augustine Paul, the judge, who passed away on 2 January 2010 from pancreatic cancer.

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Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd (Federal Court Civil Appeal No. W-02-47-2008)

A short discussion and introduction to the Federal Court decision of Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd (Federal Court Civil Appeal No. W – 02 – 47 – 2008). Coram: Tun Zaki bin Azmi CJ, Tan Sri Dato’ Alauddin bin Dato’ Mohd Sheriff PCA, Dato’ Gopal Sri Ram FCJ. The written judgments of Tun Azmi bin Azmi CJ and Dato’ Gopal Sri Ram FCJ are downloadable.

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MB v MB appeal: 3 Answers

With reference to the 3 questions for the Federal Court on the MB v MB appeal mentioned here, my answers are as below:

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The RPK case – Grounds of Judgment on Quorum Failure issue

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.

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When the highest court in the land could bring down the Government of the day

When the highest court in the land could bring down the Government of the day

The front page of the Star newspaper of Friday, 17 April 2009 carries this startlingly outrageous decision of the Federal Court. The headline proclaims “Court: Siva does not have right to suspend seven”. The report reads: PUTRAJAYA: The Federal Court has unanimously ruled that Perak Assembly Speaker V Sivakumar does not have the power to […]

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When Justice is not administered according to law

When Justice is not administered according to law

The story unfolds with the application of three turncoat members of the Perak Legislative Assembly for a declaration that Speaker Sivakumar’s order, which was made in the Legislative Assembly, that their seats in the Assembly have become vacant because they have resigned was illegal. Here is the report from theSun newspaper, Thursday, April 2, 2009: […]

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A Question of Etiquette

I notice nowadays that Counsel just love the phrase mala fide. Never mind them not really understanding the phrase. Another phrase which many Counsel love nowadays is “misleading the Court”. Sometimes we impress a point of law to the Judge and tell the Judge what a case may mean. The opposite Counsel then has a different view. That would be alright. All he needs to say then is that “I beg to differ from my learned friend on his reading of the case”. But no. Nowadays many Counsel would say, “He is misleading the Court!”. Good God! What is happening to our profession?

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