Sunday, August 29, 2010

UPDATE

FOR THIS WEEKS CLASS, 1ST & 2ND SEPTEMBER 2010, STUDENTS ARE REQUIRED TO BRING THE FOLLOWING CASE TO CLASS:-

R RAMA CHANDRAN V INDUSTRIAL COURT OF MALAYSIA [1997] 1 MLJ 145

JUDICIAL ACTIVISM

EUSOFF CHIN CHIEF JUSTICE-The HC should mould the relief with the demands of justice. Sungai Wangi Estate v Uni [1975] 1 MLJ 136

EDGAR JOSEPH- FEDERAL COURT JUDGE-In the very special circumstances of this case, to remit the case to the IC to assess the monetary compensation payable by the Employer to the Employee would seem to be a certain detachment from reality and more importantly, it would not answer the needs of justice.

DISSENTING 

WAN YAHYA FEDERAL COURT JUDGE - The Court has no jurisdiction to proceed to hear and award compensation after the Industrial  Court's order had been quashed. The matter was to be remitted for retrial before the Industrial Court.

IN THE ABOVE CASE, THE COURT NOT ONLY REVIEWED THE DECISION MAKING PROCESS BUT   WENT A STEP FURTHER AND CONSIDERED THE MERITS OF THE CASE ITSELF. ONLY WAN YAHYA  FCJ DISAGREED.

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