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Take note of the registration period for year 2023. Besides that, exam for year 2023 is expected to be around July or August 2023!!!

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Tort Law Case Updates

Jurutera Daerah Jabatan Kerja Raya Melaka & Ors v Muhamad Syariman Abd Wahab [2022] 1 LNS 31

Facts:
1. Plaintiff met an accident on a road which was under maintenance.

2. P was riding motorcycle fast despite knowing the condition of the road.

Held:
1. A road user who fails to take evasive measures by avoiding damage on a public road when such damage is known to him is equally guilty of negligence, along with the relevant public body entrusted with the maintenance of the said road.

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Whether the sums claimed by each Plaintiff be added to bring it within the jurisdiction of the High Court?:
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Whether parties could rely on the formula for the computation of late delivery damages based on any statute when such formula was not provided in the agreement?:
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Whether loss of dependency claim could be proven in absence of documentary evidence of deceased's income?:
https://www.facebook.com/332579433995579/posts/992353948018121/

Whether a charge for criminal breach of trust must specify the particulars of direction and/or law and/or contract that has been breached?:
https://www.facebook.com/332579433995579/posts/987013785218804/

Whether purchaser could enforce their rights as if the SPA had been in its prescribed form without modification or amendments?
https://www.facebook.com/332579433995579/posts/966195883967261/

Whether party can seek to set aside or vary the judgment/order made in inter parte?:
https://m.facebook.com/story.php?story_fbid=949725882280928&id=332579433995579

Whether there must be a specific prayer asking for damages in Statement of Claims?:
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Section 50(2) Courts of Judicature Act; whether appeals of the PP arising from decisions of the Magistrates Court in criminal matters must necessarily be confined to issues of law only?:
https://www.facebook.com/332579433995579/posts/923008741619309/

Whether the P must produce the acknowledgement of receipt card as proof of such service before the court can enter final judgment in default (JID) of appearance against the D?:
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Whether the purpose of calculating the 36 months of limitation under PAPA 1948 should run from the date of the death of the deceased or to wait for the decision of the inquest?:
https://www.facebook.com/332579433995579/posts/895132904406893/

Disclaimer:
These infographics are for general informational purposes only and will not be meant to be used or construed as legal advice in any manner whatsoever.

📢Announcement!📢

Law Notes Library has updated several of the following files with additional recent decided case law!

These included the following files:

1. Additional Materials (Civil Procedure Code) Updated 15.0; and

2. Additional Materials (Ethics) Updated 4.0; and

3. Additional Materials (Tort) Updated 2.1

If you have problem accessing the file(s) via E-Mail, kindly contact us.

Thank you!

*Purchasers purchased during the 11.11 Promo (2021); 22.02.2022 Promo; and/or with discounted price will not be eligible for free updates.

You may also interested in:
CLP E-Notes: https://www.facebook.com/332579433995579/posts/519707818616072/

Whether the appellant allowed to adduce new evidence in appeal? :
https://www.facebook.com/332579433995579/posts/1068088107111371/

Whether Minister is allowed to grant an extension and/or to amend Schedule H HDR?
https://www.facebook.com/332579433995579/posts/1035670807019768/

When does cause of action (breach of contact) arose?:
https://m.facebook.com/story.php?story_fbid=1015578685695647&id=332579433995579

Whether parties could rely on the formula for the computation of late delivery damages based on any statute when such formula was not provided in the agreement?:
https://www.facebook.com/332579433995579/posts/999440423976140/

Whether loss of dependency claim could be proven in absence of documentary evidence of deceased's income?:
https://www.facebook.com/332579433995579/posts/992353948018121/

Whether a charge for criminal breach of trust must specify the particulars of direction and/or law and/or contract that has been breached?:
https://www.facebook.com/332579433995579/posts/987013785218804/

Whether purchaser could enforce their rights as if the SPA had been in its prescribed form without modification or amendments?
https://www.facebook.com/332579433995579/posts/966195883967261/

Whether party can seek to set aside or vary the judgment/order made in inter parte?:
https://m.facebook.com/story.php?story_fbid=949725882280928&id=332579433995579

Whether there must be a specific prayer asking for damages in Statement of Claims?:
https://www.facebook.com/332579433995579/posts/937238173529699/

Section 50(2) Courts of Judicature Act; whether appeals of the PP arising from decisions of the Magistrates Court in criminal matters must necessarily be confined to issues of law only?:
https://www.facebook.com/332579433995579/posts/923008741619309/

Whether the P must produce the acknowledgement of receipt card as proof of such service before the court can enter final judgment in default (JID) of appearance against the D?:
https://www.facebook.com/332579433995579/posts/906735043246679/

Whether the purpose of calculating the 36 months of limitation under PAPA 1948 should run from the date of the death of the deceased or to wait for the decision of the inquest?:
https://www.facebook.com/332579433995579/posts/895132904406893/

Disclaimer:
These infographics are for general informational purposes only and will not be meant to be used or construed as legal advice in any manner whatsoever.

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Ethics Case Updates

Re Jonathan Laidlaw QC [2022] MLJU 1599

Facts:

1. This is an application of Jonathan Laidlaw QC to admit him to practise as an advocate and solicitor of High Court of Malaya.

2. The Applicant seeks to be admitted and to appear as lead counsel on behalf of the Appellant, Dato' Sri Mohd Najib bin Abd Razak (the Appellant), in the Federal Court of Malaysia Criminal Appeal, and all other causes or matters related thereto.

Held:
1. The Applicant does not have special qualification or experience in conducting criminal trials and appeals like the charges against the Appellant, namely section 23 of the MACC Act 2009, Section 409 of the Penal Code and Section 4 of the AMLATFPUAA 2001.

2. The Applicant has not shown himself as one who possesses special qualifications or experience of a nature not available amongst advocates and solicitors in Malaysia.

3. Considering the facts of the instant case, it raises genuine concern and doubt to the extent the ad hoc admission of Applicant (not know the local laws) would benefit the local legal fraternity.

4. There is no evidence to suggest that the Applicant has knowledge or much experience in the local law compared to the local advocates and solicitors in Malaysia.

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Whether the sums claimed by each Plaintiff be added to bring it within the jurisdiction of the High Court?
https://www.facebook.com/332579433995579/posts/1109277349659113/

Whether the appellant allowed to adduce new evidence in appeal? :
https://www.facebook.com/332579433995579/posts/1068088107111371/

Whether Minister is allowed to grant an extension and/or to amend Schedule H HDR?
https://www.facebook.com/332579433995579/posts/1035670807019768/

When does cause of action (breach of contact) arose?:
https://m.facebook.com/story.php?story_fbid=1015578685695647&id=332579433995579

Whether parties could rely on the formula for the computation of late delivery damages based on any statute when such formula was not provided in the agreement?:
https://www.facebook.com/332579433995579/posts/999440423976140/

Whether loss of dependency claim could be proven in absence of documentary evidence of deceased's income?:
https://www.facebook.com/332579433995579/posts/992353948018121/

Whether a charge for criminal breach of trust must specify the particulars of direction and/or law and/or contract that has been breached?:
https://www.facebook.com/332579433995579/posts/987013785218804/

Whether purchaser could enforce their rights as if the SPA had been in its prescribed form without modification or amendments?
https://www.facebook.com/332579433995579/posts/966195883967261/

Whether party can seek to set aside or vary the judgment/order made in inter parte?:
https://m.facebook.com/story.php?story_fbid=949725882280928&id=332579433995579

Whether there must be a specific prayer asking for damages in Statement of Claims?:
https://www.facebook.com/332579433995579/posts/937238173529699/

Section 50(2) Courts of Judicature Act; whether appeals of the PP arising from decisions of the Magistrates Court in criminal matters must necessarily be confined to issues of law only?:
https://www.facebook.com/332579433995579/posts/923008741619309/

Whether the P must produce the acknowledgement of receipt card as proof of such service before the court can enter final judgment in default (JID) of appearance against the D?:
https://www.facebook.com/332579433995579/posts/906735043246679/

Whether the purpose of calculating the 36 months of limitation under PAPA 1948 should run from the date of the death of the deceased or to wait for the decision of the inquest?:
https://www.facebook.com/332579433995579/posts/895132904406893/

Disclaimer:
These infographics are for general informational purposes only and will not be meant to be used or construed as legal advice in any manner whatsoever.

📢Announcement!📢

Law Notes Library has updated several of the following files with additional recent decided case law!

These included the following files:

1. Additional Materials (Civil Procedure Code) Updated 13.0;

2. Additional Materials (Ethics) Updated 3.0

3. Additional Materials (CPC) Updated 10.0; and

4. Additional Materials (Civil Procedure Code - Appeal Amendments)

If you have problem accessing the file(s) via E-Mail, kindly contact us.

Thank you!

*Purchasers purchased during the 11.11 Promo (2021); 22.02.2022 Promo; and/or with discounted price will not be eligible for free updates.

You may also interested in:
CLP E-Notes: https://www.facebook.com/332579433995579/posts/519707818616072/

Whether the appellant allowed to adduce new evidence in appeal? :
https://www.facebook.com/332579433995579/posts/1068088107111371/

Whether Minister is allowed to grant an extension and/or to amend Schedule H HDR?
https://www.facebook.com/332579433995579/posts/1035670807019768/

When does cause of action (breach of contact) arose?:
https://m.facebook.com/story.php?story_fbid=1015578685695647&id=332579433995579

Whether parties could rely on the formula for the computation of late delivery damages based on any statute when such formula was not provided in the agreement?:
https://www.facebook.com/332579433995579/posts/999440423976140/

Whether loss of dependency claim could be proven in absence of documentary evidence of deceased's income?:
https://www.facebook.com/332579433995579/posts/992353948018121/

Whether a charge for criminal breach of trust must specify the particulars of direction and/or law and/or contract that has been breached?:
https://www.facebook.com/332579433995579/posts/987013785218804/

Whether purchaser could enforce their rights as if the SPA had been in its prescribed form without modification or amendments?
https://www.facebook.com/332579433995579/posts/966195883967261/

Whether party can seek to set aside or vary the judgment/order made in inter parte?:
https://m.facebook.com/story.php?story_fbid=949725882280928&id=332579433995579

Whether there must be a specific prayer asking for damages in Statement of Claims?:
https://www.facebook.com/332579433995579/posts/937238173529699/

Section 50(2) Courts of Judicature Act; whether appeals of the PP arising from decisions of the Magistrates Court in criminal matters must necessarily be confined to issues of law only?:
https://www.facebook.com/332579433995579/posts/923008741619309/

Whether the P must produce the acknowledgement of receipt card as proof of such service before the court can enter final judgment in default (JID) of appearance against the D?:
https://www.facebook.com/332579433995579/posts/906735043246679/

Whether the purpose of calculating the 36 months of limitation under PAPA 1948 should run from the date of the death of the deceased or to wait for the decision of the inquest?:
https://www.facebook.com/332579433995579/posts/895132904406893/

Disclaimer:
These infographics are for general informational purposes only and will not be meant to be used or construed as legal advice in any manner whatsoever.