Declaratory Relief and the Limits of an Unless Order

This case highlights the effect of an unless order for discovery and whether a court is bound to enter a default judgment containing declaratory relief purely due to non-compliance with such an order. The Federal Court was required to determine whether declaratory relief may be granted without consideration of the merits or supporting evidence, and whether an unless order can operate in the same manner as a summary judgment or judgment in default, particularly in proceedings involving the government.

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Casino Credit Facilities, are they Enforceable Loans?

The respondent, Ting Siu Hua, was appointed as a promoter or junket by the Huang Group, which operated arrangements with the Naga Casino in Cambodia. As a junket promoter, the respondent was entitled to commissions for bringing in affluent players, primarily from Sarawak to gamble at the casino. In early 2015, the respondent organised a two-day gambling trip for the appellant, Dato’ Ting Ching Lee, and four other individuals. At the appellant’s request, Huang Group extended credit facilities amounting to USD1.5 million and a rolling rebate of USD193,800 to enable gambling at the casino.

Following the trip, the appellant alleged that the respondent wrote and published or caused to be written or published defamatory statements in local Chinese newspapers and on social media alleging that the appellant and two other individuals owed gambling debts to the Huang Group. This led to a defamation suit filed by the appellant and the others against the respondent. The respondent counterclaimed, seeking recovery of the credit facilities extended for gambling form the appellant.

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Habeas Corpus Win Not a Shortcut to Damages

The case arose when Sri Sanjeevan, after being detained under the Prevention of Crime Act 1959 (‘the POCA’), obtained a writ of habeas corpus on grounds that his detention contravened mandatory procedural requirements. The High Court found in his favour, and he sought damages for false imprisonment, arguing that the habeas corpus order proved the wrongful nature of his detention. However, his victory in the High Court was overturned by the Court of Appeal, leading to the present Federal Court appeal.

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Alternative Dispute Resolution

Alternative dispute resolution (ADR) has been around for many years and as the name suggests has often been used as an alternative to traditional litigation.

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Types of Injunctions

In this article, we write about the various types of injunction and what kind of ‘stop order’ each entails. In general, an interlocutory injunction is usually sought for and granted when there is an urgency to the matter. This can be obtained ex parte which means ‘by one party’.

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Amendments to the Penal Code 2023

Written by Richard Wee and Fatin Ismail  The new amendment for the Penal Code went through the first reading on 4 April 2023. The Bill seeks to amend the Penal Code to substitute and remove certain sections in…

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