Latest news with #RulesofCourt2012
The Star
30-07-2025
- Business
- The Star
Cross-Border Insolvency Bill boosts debt recovery
THE Dewan Rakyat has passed the Cross-Border Insolvency Bill 2025, which will allow local creditors to recover debts from insolvent companies within the Asean region. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the Bill establishes a clear, modern legal framework aligned with international best practices, particularly the UNCITRAL Model Law on Cross-Border Insolvency. 'The Bill aims to enhance investor confidence in Malaysia's insolvency system,' she said during her winding-up speech. Azalina added that her ministry has taken several steps to facilitate the enforcement of the Bill, such as amending the Rules of Court 2012 and organising training sessions for stakeholders. Azalina said the Legal Affairs Division (BHEUU) of the Prime Minister's Department, in collaboration with the Malaysian Judicial Academy, will conduct special training for High Court judges handling civil and trade cases. Azalina said the Bill was introduced to create an effective mechanism to handle cross-border insolvency cases. 'This will give investors greater clarity on what to expect during financial distress and boost foreign investment in Malaysia.' To safeguard national interests, Azalina said sub-clause 5(2) of the Bill allows the High Court to reject any application for recognition or relief from foreign insolvency proceedings if it affects public interest, economic stability, capital markets, national security or consumer confidence. 'The courts retain full discretion to deny recognition based on public policy considerations, as expressly stated in the Bill.' The law applies to companies with debts to be paid will not only have its local entity be liable, but its foreign branches too. The law would also apply to foreign companies in debt overseas but with branches in Malaysia.
New Straits Times
14-07-2025
- Politics
- New Straits Times
Ex-judge loses appeal in RM100mil defamation suit against Sarawak Report editor
PUTRAJAYA: Former Sessions Court judge Mabel Sheela Muttiah has lost her appeal against a Kuala Lumpur High Court decision that dismissed her RM100 million defamation suit against Sarawak Report editor Clare Rewcastle Brown on a technicality. The technical grounds were Mabel's failure to translate two allegedly defamatory articles into Bahasa Melayu, a mandatory requirement for all pleadings filed in court in her suit over three articles. One of the article s was a 2015 Sarawak Report piece titled "How AG's office connived to prevent a second post-mortem on Kevin Morais — Exclusive Expose". A three-judge Court of Appeal (CoA) panel led by Datuk Azizah Nawawi today (July 14) dismissed Mabel's appeal, saying they were bound by another CoA ruling that a plaintiff must provide a Bahasa Malaysia text of an impugned defamatory article. "In this case, there was no Bahasa Malaysia translation of the impugned defamatory article, and that was clearly a non-compliance with Order 92 Rule 1 of the Rules of Court 2012. "We find there is no appealable error by the High Court. "The appeal is therefore dismissed with costs," she said. The court ordered Mabel to pay RM10,000 in costs to Rewcastle Brown. Azizah sat with judges Datuk Azizul Azmi Adnan and Datuk Ahmad Fairuz Zainol Abidin. Lawyers Guok Ngek Seong and Phyllia Lim acted for Rewcastle Brown while Mabel was represented by lawyers Datuk David Gurupatham and R. Venothani. Mabel was once a special officer to former attorney-general Tan Sri Mohamed Apandi Ali. In May last year, then High Court Judicial Commissioner (now judge) Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan said the requirement for complete pleadings in Bahasa Melayu is attributed to the language's supremacy as a national language. He said this was enshrined in Article 152 of the Federal Constitution and Section 8 of the National Language Act 1963/67 and Order 92 Rule 1 of the Rules of Court 2012. He said Mabel made an inference about the meaning of the articles and ruled that he would have awarded RM1 million in damages as one of the three articles was defamatory and injured her reputation, but there was still no certified translation in Bahasa Melayu.
Daily Express
27-06-2025
- Politics
- Daily Express
Shafee asked by AG to show cause over ‘Nazi hearing' claim
Published on: Friday, June 27, 2025 Published on: Fri, Jun 27, 2025 By: V Anbalagan, FMT Text Size: Lawyer Shafee Abdullah is alleged to have made the remark during a press conference on May 29, which was live-streamed via ex-prime minister Najib Razak's Facebook page. PETALING JAYA: The attorney-general (AG) has asked lawyer Shafee Abdullah to show cause why committal proceedings should not be brought against him over his description of a court proceeding as 'a Nazi-Germany kind of hearing'. In a letter dated June 23 and handed personally to Shafee, the AG sought a reply from him within seven days. 'If you do not provide a satisfactory explanation within seven days from the date of this notice, criminal prosecution will be initiated against you,' the letter, sighted by FMT, read. The letter was signed by deputy public prosecutor Saiful Edris Zainuddin on behalf of AG Dusuki Mokhtar and sent pursuant to Order 52, Rule 2B of the Rules of Court 2012. The provision states that any formal notice to show cause why a person should not be committed to prison or fined must be served personally. The letter claimed that Shafee, who acts for ex-prime minister Najib Razak in his ongoing criminal charges and civil suits, made the remark during a press conference on May 29, which was live-streamed via Najib's Facebook page. The letter alleged that the words spoken as a whole could undermine public confidence and interfere in the administration of justice. Malaysiakini last month reported Shafee's criticism of a court order to temporarily stop all proceedings linked to Najib's royal addendum, during which the lawyer allegedly compared the decision to 'a Nazi-Germany kind of hearing'. Shafee clarified to the media that the remark was made during an exchange with a reporter and was intended to educate the public, not undermine the judiciary. He also said the remark was made solely in the context of explaining the meaning and essence of a 'judicial decision'. Najib has obtained leave from the Court of Appeal to begin judicial review proceedings to enforce a royal decree which allows him to serve the remainder of his jail sentence under house arrest. However, proceedings have been suspended pending the disposal of the AG's appeal to the Federal Court, which will be heard next week. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
New Straits Times
18-06-2025
- Politics
- New Straits Times
Najib gets nod to attend addendum hearing
PUTRAJAYA: The Federal Court has allowed Datuk Seri Najib Razak's application to attend the court hearing of his judicial review challenging the existence of his house arrest order. A three-member bench led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim made the ruling after allowing Najib's lawyer Tan Sri Muhammad Shafee Abdullah's application today. Other members of the bench were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah. Federal Counsel Ainna Sherina Saipolamin, who appeared for the Attorney-General's Chambers, did not object to the former prime minister's application. The A-GC filed the appeal after the Court of Appeal granted Najib permission to initiate a legal bid to review the existence of an addendum order and to adduce additional affidavits in support of his application. On April 28, the same court unanimously granted the A-GC's leave (permission) application to present its arguments to overturn the Court of Appeal's ruling. The top court said the proposed questions raised by Attorney-General (A-G) Datuk Mohd Dusuki Mokhtar had passed the threshold requirements for leave to be granted under Section 96 of the Courts of Judicature Act (CJA) 1964. "The questions posed are novel and raise issues of public importance, which should be further ventilated before this court. "The questions are of public importance and can provide guidance to the courts on the correct approach to adopt when dealing with the admission of or the addition of evidence. "The questions also pertain to the role of the A-G in judicial review proceedings, particularly whether the A-G is duty-bound under the law to confirm the existence of and supply copies of the impugned documents. "The applicant also seeks to argue whether the A-G has an obligation to defend or verify the evidence at the leave stage of judicial review proceedings, in light of the provisions of Order 53 of the Rules of Court 2012," said the court. The hearing is scheduled to begin on July 1. On Jan 6, a three-bench Court of Appeal panel led by Datuk Azizah Nawawi, in a split decision, also allowed Najib to adduce additional affidavits to support his application. Other members of the bench were Datuk Azhahari Kamal Ramli and Datuk Seri Mohd Firuz Jaffril. Firuz, when reading the majority decision, said the evidence concerned was not available when they (the appellant) initially filed the leave to initiate a judicial review before the High Court last year. Meanwhile, Azizah, in her minority decision, said there was no appealable error made by the lower court in ruling that the evidence presented in the hearing was hearsay. Najib claims that a royal addendum allows him to serve the remainder of his jail term under house arrest. He is seeking a mandamus order compelling the respondents to confirm and disclose the existence of the alleged additional document dated Jan 29, 2024. Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. The High Court had sentenced him to 12 years in prison with a fine of RM210 million, and the verdict was subsequently upheld by the Court of Appeal and the Federal Court. However, his prison sentence was halved to six years and his fine was reduced to RM50 million following his petition for a royal pardon. Najib later filed an application on an alleged addendum order signed by the 16th Yang di-Pertuan Agong, allowing him to serve the remainder of his prison sentence under house arrest. Previously, the High Court had dismissed his application.
New Straits Times
02-06-2025
- Politics
- New Straits Times
Three MPs seek to join proceedings involving Anwar as observers
KUALA LUMPUR: Three members of parliament have applied to the High Court for permission to join proceedings involving Prime Minister Datuk Seri Anwar Ibrahim's bid to refer eight legal questions to the Federal Court. The questions include whether Anwar has immunity from a civil suit filed against him four years ago by his former research assistant, Muhammed Yusoff Rawther. Anwar, who is the Tambun member of Parliament, filed to have the questions referred to the Federal Court and to postpone the main trial until the apex court delivers a decision. The High Court is scheduled to hear this application tomorrow before Judge Roz Mawar Rozain. The three applicants, Datuk Seri Hamzah Zainudin (PN-Larut), Datuk Seri Dr Ahmad Samsuri Mokhtar (PN-Kemaman, and Datuk Seri Dr Ronald Kiandee (PN-Beluran), submitted their request via e-filing yesterday to be allowed to attend the hearing as observing counsel. Their application, filed under Order 92(4) of the Rules of Court 2012, Article 128(2) of the Federal Constitution, and Section 84 of the Courts of Judicature Act 1964, argues that they have a vested interest in the matter as members of parliament. According to legal firm Wan Jawahir & Takiyuddin, acting for the trio, the legal questions raised, particularly Articles 39, 40, 43, and 128(2) of the Federal Constitution, are of public importance and may influence parliamentary debates and public discourse. "Given the significance of these constitutional matters, we believe these MPs deserve access to the proceedings in an official capacity as observers to better inform their roles and responsibilities in Parliament," the firm said in its application. They also requested the court to allow Tan Sri Azhar Azizan Harun, Datuk Seri Takiyuddin Hassan, and Datuk Seri Zulkifli Noordin to attend as observing counsel representing the three parliamentarians throughout the proceedings. Yusoff's lawyer, Muhammad Rafique Rashid Ali, confirmed receiving a copy of the application and said it may be presented to the court during tomorrow's session.
