Written Law

In the lawsuit car parkwealth of Australia v. Midford (Malaysia) Sdn Bhd., it was held that thedoctrine of sovereign or circus tent immunity which was developed in slope CommonLaw later 1956 should contribute in Malaysia. It was said that any developments in inclineCommon Law after 1956 should apply in Malaysia

In the case Smith Kline & french Laboratories Ltd. v. Salim (Malaysia) Sdn Bhd., It washeld that the courts have the endorsement to put aside any Common Law or Law of faithfulness whichcannot be employ in Malaysia..In the case Jamil bin Harun v. Yang Kamsiah & Anor.It was decided that courts have the authority to decide whether to follow English Law(common law and law of equity) or Federal law, considering the bunch and the scopethe written law permits to do so.In the case Karpal Singh v. Public Prosecutor, It was held that the criminal offences inMalaysia were provided by Criminal Procedure polity of Malaysia and therefore, there is noallowance for English law to apply. There are sure boundaries as to the application of Common Law and Law of Equity in Malaysia.Common law can apply in the absence of topical anaesthetic legislation. Local law is regarded highly thatthe English law. The English law is only meant to fill in the lacuna, in which the locallegislation is not present.



Only the relevant part which is suited to the local needs and circumstances applies. Malaysiais made up of different races, each possessing their owncustoms, different from English law. The entire importation of English law means that thesovereignty of local race is affected.The case law related to the boundaries of application is,Syarikat Batu Sinar Sdn. Bhd. v.
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MBC finance Bhd. In this case, problem of double financing occurred whenfirst purchaser¶s (
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MBC Finance Bhd.) endorsement of ownership claim was not include inthe registration card of vehicle.
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MBC tried to repossess the vehicle. Theplaintiff sued
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MBC, claiming that defendants were not entitle to the vehicle.It was held that the...If you want to get a full essay, order it on our website: Orderessay



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