Yew Huoi, How & Associates | Leading Malaysia Law Firm

ADMINISTRATIVE LAW – RULES OF NATURAL JUSTICE – RIGHT TO BE HEARD

What is administrative law in general? 

  •  Administrative law is a large field of law that deals with the agencies that are in charge of a variety of government projects. Administrative law governs agencies, commissions, and boards. Administrative law is frequently encountered by the public in the context of a public benefit that has been refused or terminated.

 When can natural justice be claimed?

  • .In judicial, quasi-judicial, and administrative systems, two norms have evolved over time to embody natural justice principles: 1) ‘Nemo debet esse judex in propria causa,’ which states that no one should be judged in his own cause, and 2) ‘audi alteram partem,’ which states that no one should be condemned without first hearing their side of story. 

Q. In the recent case of Nurul Rifayah bt Muhammad Iqbal & Ors v Tan Sri Dato’ Hj Mahiaddin bin Md Yassin & Ors [2021] 12 MLJ 510 the voting rights has been reduced from 21 to 18 years old and will be taken effect starting from July 2021. However, it has been delayed till September 1, 2022 due to the Movement Control Order. This has affected the youth in Malaysia as the Malaysian youth organisation (UNDI 18) has been fighting for these issues. Does this sound fair to you? 

A. If you were in this position, the best way to deal with it is to request the court for a judicial review regarding the issue faced by you. However, there are a few steps that the court will look into before granting  judicial review. This will avoid frivolous or vexatious claims made by the appellant. Hence, O 53 r 2(4) of the Rules of Court 2012 will be read by the court during the two stage test to request leave from the court. Once the court sees nothing wrong with proceeding on the judicial review, leave will be granted. 

What are the remedies available for judicial review? 

  •  Habeas corpus, certiorari, prohibition, and mandamus are examples of public law remedies. In Malaysia, habeas corpus is a well-known prerogative writ that is frequently used to challenge the validity of an ISA detention decision. Regardless of nationality, anybody or someone acting on their behalf can appeal such a writ. In general, a writ of habeas corpus will be issued if the applicant can show that the custody is illegal and that the process of bringing the prisoner to trial is taking too long. It should be remembered that one must appear before a magistrate within 24 hours of being detained.
  •  Certiorari, which means “quashing order,” is a retroactive order that brings a decision made by the authority before the court and asks that it be overturned. Prohibition, on the other hand, is a future command to overturn a decision that is about to be made. It is important to remember that failing to comply with such an order constitutes criminal contempt of court. Meanwhile, mandamus is used to compel the decision–making body to undertake public tasks that it has failed to do. It is enforced to guarantee that public officials carry out their responsibilities. Both certiorari and mandamus can be sought concurrently.

Sorotan Terkini

ROAD ACCIDENT – INSURANCE COMPANY STRIKES BACK: HIGH COURT OVERTURNS ROAD ACCIDENT CLAIM

When a motorcyclist claimed he was knocked down in an accident, the Sessions Court ruled in his favor, holding the other rider fully liable. But the insurance company wasn’t convinced. They appealed, arguing that there was no proof of a collision and even raised suspicions of fraud. The High Court took a closer look – and in a dramatic turn, overturned the decision, dismissed the claim, and awarded RM60,000 in costs to the insurer. This case is a stark reminder that in court, assumptions don’t win cases – evidence does.

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CHARTERPARTY – LIEN ON SUB-FREIGHTS: CLARIFYING OWNERS’ RIGHTS AGAINST SUB-CHARTERERS

In Marchand Navigation Co v Olam Global Agri Pte Ltd and Anor [2025] 1 Lloyd’s Rep 92, the Singapore High Court upheld the owners’ right to enforce a lien on sub-freights under Clause 18 of the NYPE 1946 charterparty, ruling that the phrase ‘any amounts due under this charter’ was broad enough to cover unpaid bunker costs. Despite an arbitration clause between the owners and charterers, the sub-charterer was obligated to honor the lien, as it was not a party to the arbitration agreement. This decision reinforces that a properly exercised lien on sub-freights can be an effective tool for owners to recover unpaid sums, even in the presence of disputes between charterers and sub-charterers.

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SHIP SALE – LOSING THE DEAL, LOSING THE DAMAGES? THE LILA LISBON CASE AND THE LIMITS OF MARKET LOSS RECOVERY

In “The Lila Lisbon” [2025] 1 Lloyd’s Rep 101, the court ruled that a buyer cancelling under Clause 14 of the Norwegian Salesform Memorandum of Agreement is not automatically entitled to loss of bargain damages unless the seller is in repudiatory breach. The case clarifies that failing to deliver by the cancellation date does not constitute non-delivery under the English Sale of Goods Act 1979, as the clause grants the buyer a discretionary right rather than imposing a firm obligation on the seller. This decision highlights the importance of precise contract drafting, particularly in ship sale agreements, where buyers must ensure that compensation for market loss is explicitly provided for.

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CRIMINAL – KIDNAPPING – NO ESCAPE FROM JUSTICE: COURT UPHOLDS LIFE SENTENCE IN HIGH-PROFILE KIDNAPPING CASE

A 10-year-old child was abducted outside a tuition center, held captive, and released only after a RM1.75 million ransom was paid. The appellants were arrested following investigations, with their statements leading to the recovery of a portion of the ransom money. Despite denying involvement, they were convicted under the Kidnapping Act 1961 and sentenced to life imprisonment and ten strokes of the whip. Their appeal challenged the identification process, the validity of the charge, and the admissibility of evidence, but the court found the prosecution’s case to be strong, ruling that the appellants had acted in furtherance of a common intention and were equally liable for the crime.

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TRADEMARK – BUSINESS SABOTAGE AND TRADEMARK MISUSE

Businesses must be vigilant in protecting their contractual rights, brand identity, and operational control. In this case, unauthorized control over online booking platforms, misleading alterations to the hotel’s digital presence, and continued use of trademarks post-termination led to significant legal consequences. This ruling highlights the importance of clear agreements, strict compliance with contractual obligations, and proactive enforcement of intellectual property rights.

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NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES

The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.

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