Papers by HUI CHUAN Ling
A concise overview onto whether a spouse could sustain a claim against the responding spouse's mo... more A concise overview onto whether a spouse could sustain a claim against the responding spouse's money in the Employee Provident Fund in light of the repeal of section 76(3) and (4) of the Law Reform (Marriage and Divorce) Act 1976.
Concise write-up on the timeline in which a Garnishee Order is operative against a Garnishee and ... more Concise write-up on the timeline in which a Garnishee Order is operative against a Garnishee and its money.
Succinct write-up on the service aspect of Malaysian's Civil Procedure. In short, short service o... more Succinct write-up on the service aspect of Malaysian's Civil Procedure. In short, short service of cause papers will not be construed as no service.
brief notes on closed material procedure, an evolved and improved version of public interest immu... more brief notes on closed material procedure, an evolved and improved version of public interest immunity
a brief notes on the topic of equity and trust law for common law and equitable tracing
a brief notes on equity and trust on the topic of strangers liability - dishonest assistance and ... more a brief notes on equity and trust on the topic of strangers liability - dishonest assistance and unconscionable receipt
compilation of comment and remark of the history pre- and post- LRA 2002
Drafts by HUI CHUAN Ling
On the principle of ordering sentence to run consecutively or concurrently, and on appellate inte... more On the principle of ordering sentence to run consecutively or concurrently, and on appellate intervention in criminal matter
LEAVE TO ISSUE WRIT OF EXECUTION_BRIEF WRITE UP, 2022
Loss & damages incurred in preparation of the said marriage and/or wedding 6,900.00 II. Damages f... more Loss & damages incurred in preparation of the said marriage and/or wedding 6,900.00 II. Damages for breach of promise to marry 50,000.00 III. Damages for loss of reputation, humiliation and embarrassment 30,000.00 IV. Exemplary and/or aggravated damages 30,000.00 GRAND TOTAL: 116,900.00
Thought on how to go about an application to amend List of Assets and Liabilities when Letter of ... more Thought on how to go about an application to amend List of Assets and Liabilities when Letter of Administration was granted and without fault of the applicant, it is subsequently discovered that there is further asset not included.
A brief note on issues concerning custody, care and control of children in a divorce proceeding.
Timeline of filing Interlocutory Application in Civil Litigation
Short write-up to understand the legal, procedural, and pleading requirements in respect of a cla... more Short write-up to understand the legal, procedural, and pleading requirements in respect of a claim for damages for adultery and the defence available.
A brief look into the need to re-evaluate the sustainability of patent regime and the considerati... more A brief look into the need to re-evaluate the sustainability of patent regime and the consideration of whether the present patent regime forestalls the surge in software-related patent application. The perspective of the United Kingdom(UK), the European Patent Office(EPO) and the United States(US) are discussed.
Brief glance onto the power of Malaysian Bankruptcy Court to grant adjournment and stay
Scenario: The insurers commenced subrogation action against a tortfeasor to recover the amount th... more Scenario: The insurers commenced subrogation action against a tortfeasor to recover the amount they have paid to the insured. (" subrogated amount/ insured losses ") In the subrogation action, on top of claiming for the subrogated amount/insured losses, the insurers also assisted the insured to sue for their uninsured losses. However, the amount recovered from the tortfeasor is not enough to cover both the subrogated amount and the uninsured losses. Question: Whether the insurers are entitled to:-(a) the entire subrogated amount in priority leaving the balance to the insured for the uninsured losses OR (b) whether the insurer and the insured have to share the amount recovered proportionately. Finding: To have a right of subrogation,1 the insurer must have paid and indemnify the insured for sums due under the contract of insurance,2 before he can exercise the right of subrogation. Having the satisfied the preliminary, the right of subrogation will arise, either by operation of implied term or equity.3 Lord Templeman explained:-4 " The principles which dictated the decisions of our ancestors and inspired their references to the equitable obligations of an insured person towards an insurer entitled to subrogation are discernible and immutable. They establish that such an insurer has an enforceable equitable interest in the damages payable by the wrongdoer. The insured person is guilty of unconscionable conduct if he does not provide for the insurer to be recouped out of the damages awarded against the wrongdoer. Equity will not allow the insured person to insist on his legal rights to all the damages so far as they are required to recoup the insurer under the doctrine of subrogation. Where the insured person has been paid policy moneys by the insurer for a loss in respect of which the insured person recovers damages from a wrongdoer the insured person is guilty of
brief consideration of the operation of judicial precedent in the Court of Appeal
The phraseology of 'codifying convention' by itself is a contradiction of terms. Lord Norton rema... more The phraseology of 'codifying convention' by itself is a contradiction of terms. Lord Norton remarked that the failure to appreciate the true nature of constitutional conventions is the underlying misconception of which the thoughts of codifications germinate. According to Professor Dicey, conventions are a set of rules which are founded on understanding and habitual practice which regulate the conduct of official and yet lack enforceability from the court. This is similar to Professor Marshall and Professor Moodie also defines convention along the line of being rules of constitutional behaviour that was not enforceable in court. Sir Ivor Jennings prefers to describe what constitutional convention is rather than affixing meaning. Thus, a rule of constitutional conduct would be deemed as convention if 3 elements are fulfilled: that there are precedents to such practise; that the relevant governmental entity regards itself to be bound; and thirdly, there was political significant which underlies the existence of the rule. It shall be noted that Sir Jennings methodology of identifying constitutional conventions had been approved in Re Amendment of Constitution of Canada. Professor James Wilson thus argued that the role of convention fills into the void to prescribe and restrain unfettered exercise of power allocated under the constitution.
It shall be the tenor of this candidate to persuade you the examiner that the need to codify the ... more It shall be the tenor of this candidate to persuade you the examiner that the need to codify the British Constitution is misconceived. This candidate predicates her viewpoint against codification as being ignominious and unnecessary. Talks of codifying the constitution are ignominious. It ignores the British glorious and remarkable history during the last century. This begged the question why does the presence of a British Constitution shatters and dents the pride of the once empire on which the sun never sets? It would be of necessity the meaning of 'constitution' to be distilled and clarify. Constitution, is to be a set of rules regulating the system of government and the rules regulating the relationship between the government and the people.(Vernon Bogdanor) It is the social contract between the people and the government. Whatever that was stipulated in this 'social contract' represents a class of elevated legislation of superior paramount, unchallengeable by the ordinary means, so says the American Chief Justice Marshall CJ in Marbury v Madison. Why is there a need for a separate and written 'social contract' between the people and the state? If the formation of the modern day government is for the benefit of the people who it serves, why should the people demands the official of which power to govern has been entrusted to explicitly and expressly spell out the obvious? The answer was obvious. Almost all codified constitutions are enacted to commemorate a new beginning. For example, to celebrate the new found freedom from the hands of the colonial master, as seen from the commonwealth countries; or as a humiliating insignia of defeat during wartime, such as those of Germany, and Japan. (V. Bogdanor) Constitution is a consciously designed document of governance superimposed by an alien power upon another country to exercise its national autonomy without restrain. The British had never suffers any of such endearing freedom attainment or derogatory defeat in wartime. Professor Vernon Bogdanor observed that the British had enjoyed a relatively peaceful time in recent centuries. There were no blood-shedding revolutions. Nothing from the recent English histories which seems constitutionally monumental, from the Glorious Revolution to the Act of Union with Scotland in the 1700s and Ireland in the 1800s. Thus, to draw up a written constitution would be self-humiliating and self-mutilating to the unbroken chain of British history, of which she had never bow her head before any foreign conqueror and had stood high up at times. Thus, the constitution of the English is peculiar, in that it was not a deliberate design document of governance but historical, according to Professor AV Dicey. Hence, if we take and believe such preposition, that a constitution is a " integrated expression of historical experience conferring a unified meaning on political existence " (Michael Foley), then there is no reason why should there be a written constitution for the British. One should rejoice over the lack of a written constitution for the Englishmen's achievement to avoid any subjugations and revolts. This candidate confided that therefore, there was nothing inherently wrong, morally or politically, to not have a 'Capital-C constitution' which is codified, borrowing the word of Professor Anthony King. One should explore the historical foundation of the birth of a national before dictating the real need for a codified constitution. With respect, my
Teaching Documents by HUI CHUAN Ling
current legal problem, 1970
Locus classicus on the topic of inherent jurisdiction of the court (or inherent power of the court)
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Papers by HUI CHUAN Ling
Drafts by HUI CHUAN Ling
Teaching Documents by HUI CHUAN Ling