![]() ![]() It is also means that the Sabah Government must grant it a registration certificate to export logs. This is a prayer for an order from the court to command a public authority to perform a specific act which it is obliged to do under the law. In prayer (6), the appellant has prayed that the respondents “allow” it to extract, remove and export timber. What the appellant actually seeks is a quashing order which can only be granted by way of certiorari under O. As the action or decision that is impugned is that of a public authority, the word “cancel” cannot mask the actual remedy sought by the appellant. However, we note that in prayer (5) of the originating summons, the appellant has prayed for an order to “cancel” the circular in question. “As we said earlier, counsel for the appellant submitted that the main relief is for declaratory orders which can be availed by way of originating summons under O. Secondly, we take this opportunity to state that any previous High Court decision or the IC award which is contrary to the ratio decidendi ( Sanbos), is now overruled by the ratio decidendi ( Sanbos).” - Per Wong Kian Kheong JCA in ACE Holdings Bhd v. Bristol Aeroplane Co Ltd.įirstly, we are satisfied that the three exceptions ( Young’s Case) do not apply in this appeal so as to justify a departure from the ratio decidendi ( Sanbos). PP, an earlier ratio decidendi of a Court of Appeal’s judgment binds subsequent Court of Appeal unless any one of the three exceptions stated by Lord Greene MR in United Kingdom’s Court of Appeal case of Young v. According to the ratio decidendi ( Sanbos), if the Minister has referred a workman’s representation to the IC, the IC cannot dismiss the workman’s claim without hearing the claim on the sole ground that the IC ceases to have jurisdiction to decide the claim merely because the workman’s SOC has not applied for a reinstatement remedy. Gan Soon Huat and had been authoritatively decided by the Court of Appeal in the workman’s favour. “It is clear that the main issue (this appeal) arose in Sanbos (M) Sdn Bhd v. In this case, the existence of such a duty for Jabatan Kerja Raya, for the maintenance of Federal roads which includes the duty to maintain wayside trees so that they do not pose danger to road users, precludes the possibility that there could exist overlapping duties placed upon local authorities to maintain those same Federal roads. Therefore, the expression 'road' and 'street' must mean those roads and streets coming within the jurisdictional limits of the local authority in question. Despite this, there must be logical limits placed on the meaning of 'road' in this context. Section 101, by its plain words, does not appear to have any exceptions it applies to 'any road' and 'any public road or street'. Section 101 of the Local Government Act 1976 imposes upon local authorities a statutory duty to remove any tree that is likely to cause danger to public safety. IQMAL IZZUDDEEN MOHD ROSTHY & ORS AND ANOTHER CASE ![]() PENGURUS KAWASAN, SELIA SELENGGARA SELATAN SDN BHD & ANOR v. Courts are tasked not to condemn a convicted person but to strike a balance that serves public interest to deter the recommissioning of the crime and rehabilitating that person. 91(1)(da) of the Child Act 2001 by ordering him to perform community service as prescribed. ![]() As the offender does not require further preventive and rehabilitative detention, the appropriate punishment is to invoke s. HADHARIAH SYED ISMAIL JCA GUNALAN MUNIANDY JCA LIM CHONG FONG JCAĪ court would have to reimpose a punishment order against a young offender de novo when there are unique circumstances such as in this case, where the 15 year old offender pleaded guilty to committing sexual offences against children, is a first time offender who shows remorse and seems to have turned from his adolescent sexually mischievous ways to a decent living by presently concentrating on making a better future for himself. ![]()
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