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    Statutory Reception of Equity

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    dhanikatan01
    The document discusses the statutory reception of equity in Malaysia through various historical phases. It details how equity was received in Malaysia through statutes and judicial decisions over time, from the introduction of English law in the 1800s to the present day Civil Law Act and Laws of Property Act. Key events mentioned include the Royal Charters of Justice in the 1800s and enactments in the 1900s that applied equitable principles and remedies.

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    Statutory Reception of Equity

    Uploaded by

    dhanikatan01
    25 views2 pages
    The document discusses the statutory reception of equity in Malaysia through various historical phases. It details how equity was received in Malaysia through statutes and judicial decisions over time, from the introduction of English law in the 1800s to the present day Civil Law Act and Laws of Property Act. Key events mentioned include the Royal Charters of Justice in the 1800s and enactments in the 1900s that applied equitable principles and remedies.

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    The document discusses the statutory reception of equity in Malaysia through various historical phases. It details how equity was received in Malaysia through statutes and judicial decisions over time, from the introduction of English law in the 1800s to the present day Civil Law Act and Laws of Property Act. Key events mentioned include the Royal Charters of Justice in the 1800s and enactments in the 1900s that applied equitable principles and remedies.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    Statutory Reception of Equity

    Uploaded by

    dhanikatan01
    The document discusses the statutory reception of equity in Malaysia through various historical phases. It details how equity was received in Malaysia through statutes and judicial decisions over time, from the introduction of English law in the 1800s to the present day Civil Law Act and Laws of Property Act. Key events mentioned include the Royal Charters of Justice in the 1800s and enactments in the 1900s that applied equitable principles and remedies.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Class 2 – A.

    Statutory reception of equity (fairness, good conscience, just) in Msia – “justice” equals
    “equity”

    Midsem: 3 classes – history, reception, fusion between civil law and equity – essay

    Reception (penerimaan), extension (pemanjangan), application (pemakaian) – all make reception of


    equity in Msia

    *written law – law tht was enacted (digubal) with a formal process

    Ways of reception – 1. Statute (ex: Specific Relief Act – provides injunction, specific performance), 2.
    judicial decisions

    Before reception of Common Law – customary law (malay native laws – Adat Temenggong, Perpatih
    codified in Hukum Kanun Melaka and Undang2 Laut Melaka and native customary laws, like in Sabah
    Sarawak)

    Complete history of equity: ?? (in England to Msia)

    In England

    -Customary law (adat) – common law – established curia regis (royal court) to administer common
    law – so many cases, cant solve, writ scope limited – king elected chancellor to hear cases –
    chancellor adds writs – Courts of chancery established

    -for cases tht cant be decided by curia regis, courts of chancery hears – vice chancellor helps –
    binding precedent and judicial precedent concepts are birthed

    -after Courts of Judicature Act, curia regia and courts of chancery combined

    In Msia

    -equity received through statute

    -equity through court decisions – creates equitable principles

    Separated by States

    -in Negeri2 Selat

    -in Malay States (Federated, Unfederated and Borneo)

    Separated by phases of law

    -before Civil Law Act 1956

    (below is separation through phases of law, CLA didn’t come in yet, and separation through States
    (haven’t entered Malay States)

    1. 1807, First Royal Charter of Justice (Piagam Keadilan Diraja Pertama) introduces English Law in
    Penang

    -Regina v Williams, court said tht civil cases have to be adjudged with “justice and right” according to
    English law
    2. 1827, Second Royal Charter of Justice – used to extend (extension) English laws to Malacca and
    Singapore

    3. 1843, Official Trustee Act XVII (application) – this act introduces the concept of trustee, a principle
    in equity, court chooses trustee to ensure justice what is trustee? a trustee manages money
    or assets in a trust for the trust creator/grantor OR his beneficiaries’ benefit

    1850, Breach of Trust Act XIII – holds trustee liable for embezzlement (theft or misappropriation of
    funds) of trust

    4. 1855, Third Royal Charter of Justice – to restructure the courts – 1 court for Penang, 1 court for
    Singapore and Malacca

    6. Application – Straits Settlement Civil Law Ordinance – Law and Equity administered to supplement
    Civil Law

    Courts of Judicature Act 1873 – Law and Equity to be used by courts

    7. 1928, Law of Sarawak Ordinance, rules of equity to be applied with the maintenance of local
    customs

    8. 1937, Civil Law Enactment, implement English Laws in Malay States, extended to Unfederated
    Malay States with Malay States Civil Law (Extension) Ordinance

    9. 1950, application – Specific Relief Act provides equitable remedies – specific performance,
    injunction…

    after Civil Law Act 1956

    10. -mengukuhkan reception of English law and rules of equity in the Malay Peninsular, Sabah and
    Sarawak (decisions made before 1956 are binding, after are persuasive)

    -has to be suitable to local circumstances – english law used when lacunae in law

    -when common law and rules of equity in conflict, rules of equity upheld – equity v statute, statute
    upheld, honor intention of draftsmen (penggubal undang2)

    11. LRA 1976 – receives rules of equity and common law

    *republic – no monarchy; democracy – got monarch

    *Acts to buy: CLA and Trustee Act

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