Statutory Interpretation

Pilecon Realty Sdn Bhd v. Public Bank Bhd & Ors and another appeal [2013] 3 MLJ 1

The issue before the Federal Court concerned interpretation of Section 8(2A) of the Bankruptcy Act 1967 and the novel issue of whether the provisions applied to a company in liquidation.

Debir Desa Development Sdn Bhd v. Pesuruhjaya Bangunan, Kuala Lumpur [2009] 9 MLJ 814

This case concerned the interpretation of Section 4 of the Building and Common Property (Maintenance and Management) Act 2007 (“the Act”), a recent Statute for which there was no case law at the material time. The Court agreed with Benjamin’s submission on the pre-requisites of the establishment of a joint management body.

Metramac Corp Sdn Bhd (formerly known as Syarikat Teratai KG Sdn Bhd) v. Fawziah Holdings Sdn Bhd [2006] 4 MLJ 113 and [2007] 5 MLJ 501

This matter came before the Federal Court, the apex Court in Malaysia on two separate occasions. On the first occasion, the Court had (i) considered whether an Order made by the Court of Appeal under Section 44 of the Courts of Judicature Act 1964 (“CJA”) was appealable under Section 96(a) of the CJA; and (ii) revisited the tests under Section 96(a) of the CJA.

On the second occasion, the Federal Court had considered the application of Section 75 of the Contracts Act 1950 and the issue of judicial bias. Mr. Benjamin Dawson acted as co-counsel in this matter.  This is a landmark decision in which the Federal Court held for the first time in the Malaysian legal jurisprudence that the judges of the Court of Appeal were bias.

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