Thursday 14 June 2012

with a heavy heart...


...I was constrained to follow Cheah Cheng Lan even though that decision was decided per incurium and even though that decision greatly eroded the inherent powers of the court 'to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the court' as set out in O 92 r 4 of the Rules of the High Court 1980. The doctrine of stare decisis compelled me to follow Cheah Cheng Lan blindly.

-- Tanjung Tuan Hotel Sdn Bhd v. RIH Services (High Court).


If  we had a procrastinating judge before, today we have a reluctant judge.

Looking forward to reading a case with a funny judge.

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