Case Notes

That’s what it means-lor!

Loyarburok 1 Attorney-General’s Chambers of Malaysia 0

27 July, 2009
By Fahri Azzat

Mr. Edmund Bon Tai Soon, a founding member of Loyarburok, was charged for driving under the influence of alcohol on 3 April 2005 at approximately at 2:15 a.m. on Jalan Ampang from Jalan Sultan Ismail heading towards Leboh Ampang vide Kuala Lumpur Criminal Magistrate Court Charge No. T1 - P83 - 357 - 2005...
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Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd (Federal Court Civil Appeal No. W-02-47-2008)

24 July, 2009
By Fahri Azzat

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...
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MB v MB appeal: 3 Answers

13 July, 2009
By NH Chan

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 Loss of Confidence: Who Decides?

10 July, 2009
By Kevin YL Tan
The Loss of Confidence: Who Decides?

Introduction Last week, I wrote an online comment on the nature and ambit of the Sultan of Perak’s powers (see www.loyarburok.com here), basing my thoughts on the High Court decision in that case. Shortly afterwards, two of the three Court of Appeal judgments – those of Dato’ Raus Sharif and Dato’ Ahmad Maarop JJCA –...
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“The Sultan has no explicit power to dismiss an MB under the Perak Constitution”, The Sultan’s Constitutional Powers: A Comment

26 June, 2009
By Kevin YL Tan
“The Sultan has no explicit power to dismiss an MB under the Perak Constitution”, The Sultan’s Constitutional Powers: A Comment

LoyarBurok is privileged to have received this comment piece from Kevin YL Tan on the on-going Perak constitutional crisis. Kevin has taught constitutional law for over 20 years. He currently holds Adjunct Professorships at the Faculty of Law, National University of Singapore and the S Rajaratnam School of International Studies, Nanyang Technological University. He...
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Crises of Confidence and Perak’s Constitutional Impasse

7 June, 2009
By Andrew Harding

Professor Dr. Andrew Harding, after the demise of the late Professor RH Hickling CMG QC, would (with Professor Dr. HP Lee) arguably share the honour of being the foremost jurists on the Malaysian Constitution. Among others, he is the author of “Public Duties and Public Law” (OUP, 1989), “Law, Government and the Constitution in...
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The Tree Injunction – my thoughts

6 March, 2009
By Art Harun

Raising several questions about the injunction obtained against Perak Assembly Speaker Sivakumar stopping him from convening “unlawful” meetings of the State Assembly. Does it apply to the “tree sitting”?
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Perak Speaker can appoint private lawyers

3 March, 2009
By Shanmuga K

The restriction in the Government Proceedings Act on “public officers” using private lawyers only with the permission of the Attorney General does not apply to the Speaker of the Legislative Assembly of Perak defending a suit brought against him in his capacity as Speaker. Thus, the Ipoh High Court decision to bar Tommy Thomas...
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Bias, Public Perception and Recusal: Judicial Consistency at LAST?

2 March, 2009
By Edmund Bon Tai Soon
Bias, Public Perception and Recusal: Judicial Consistency at LAST?

One certain lesson we learnt at law school was that the law must be certain. The law must apply and be applied across the board fairly. Lawyers should be able to make a good assessment of the case based on the prevailing law, and be able to advise their clients accordingly. Uncertainty in the...
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