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1 CIVIL DIVISION

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3 CIVIL DIVISION The Civil Division performs the following roles and functions: Represents the Government of Malaysia in all civil proceedings Represents the Attorney General in matters of public interest Processes applications for appointments as notaries public pursuant to the Notaries Public Act 1959 [Act 115] Represents the Attorney General in petitions for admissions as advocates and solicitors pursuant to the Legal Profession Act 1976 [Act 166] Processes applications for Special Admission Certificates and Certificates of Renewal under Part IIA of the Legal Profession Act 1976 Represents the Attorney General in cases concerning public, religious, social or charitable trusts The Civil Division consists of 5 Units that are responsible for handling cases in different and specialized fields: Constitutional and Administrative Law Unit Government Contracts and Medical Negligence Unit Tort and Statutory Duties Unit Arbitration and Alternative Dispute Resolution Unit Execution and Enforcement Unit ORGANIZATION CHART Head of Civil Division Deputy Head of Civil Division I Deputy Head of Civil Division II Constitutional and Administrative Law Unit Government Contracts and Medical Negligence Unit Tort and Statutory Duties Unit Arbitration and ADR Unit Enforcement and Execution Unit State Units 51 K.Lumpur Penang Johor Kedah Pahang Perak Sarawak

4 CONSTITUTIONAL AND ADMINISTRATIVE LAW UNIT 52 The scope of this Unit is to peruse and conduct cases or declarations involving constitutional and/or administrative law issues. This Unit also handles admission petition of advocates and solicitors. Among the cases handled by this Unit include: Issues of freedom of religion Issues of citizenship Immigration Issues under the Anti Money-Laundering Act 2001 [Act 613] Election Petitions Judicial Review against administrative decisions made by Minister or any government department, dismissal, demotion and other administrative issues PERFORMANCE Throughout 2005 and 2006, this Unit was able to resolve 1,984 cases which include the following cases of public interest: Federal Court Civil Appeal No Dato Ismail bin Kamus -v- Pegawai Pengurus Pilihan Raya, Zainal Abidin bin Azim & Ors Summary: The 3 rd Respondent was declared the returned candidate to the Selangor State Constituency (N17) Gombak Setia seat in 2004 instead of the Appellant. The Appellant s petition to the Election Court was dismissed with costs. He appealed to the Federal Court pursuant to section 36A of the Election Offences Act 1954 ( EOA ). The Appellant s contended that the extension of voting time and the use of different electoral rolls were serious violations and non-compliances with written law that rendered the election null and void pursuant to section 32(b) of the EOA. The appellant urged the Federal Court to: (i) shun a narrow and highly technical reading of section 32(b); apply and enlarge a constitutionally-correct approach based on English law; (ii) find that the Appellant had discharged his slight burden of proof which effectively shifted the burden upon the Respondents to call witnesses in rebuttal, failing which an adverse inference could be drawn against the Respondents; and (iii) not to rigidly and literally interpret section 32(b) given that the Respondents had conceded that there was a breach of election laws. The Respondents submitted inter alia the Appellant failed to prove that the non-compliance of the election laws affected the result of the election pursuant to section 32(b) of the EOA. Held: 1. The two limbs in section 32(b) of the EOA are to be read conjunctively and not disjunctively. Section 32(b) clearly casts the onus on a petitioner to prove to the satisfaction of the election judge that there was non-compliance with the provisions of any written law relating to an election and that such non-compliance affected the result of the election. 2. The phrase the result of the election in section 32(b) means the success of one candidate over another and not merely an alteration in the number of votes given to each candidate. 3. On the facts, there was no evidence at all to prove the allegation that a voter had voted twice. Even if a voter did, there was no evidence to suggest that the voter had voted for the 3 rd Respondent. It was wrong therefore, to assume that the 3 rd Respondent had won because of such votes. There was also no evidence to substantiate the allegations of double voting due to the existence of different electoral rolls. Even if the allegations were considered, there was still no evidence to show that the problem was so widespread as to have affected the result of the election. The Appellant had therefore failed to prove that the non-compliance had affected the result of the election. Appeal dismissed.

5 Court of Appeal Civil Appeal No. W Lina Joy -v- Majlis Agama Islam Wilayah Persekutuan & Ors Summary: The appellant was born a Muslim and her name originally was Azlina bte Jailani. In 1990 she claimed to have accepted the Christian faith and was subsequently baptized. She applied to the National Registration Department (the NRD ) to have her name changed to Lina Lelani and later to Lina Joy on the basis of her change of religion. Her change of name was subsequently allowed, but the word Islam was stated in her National Registration Identity Card ( NRIC ). She submitted proof of her change of religion and applied to the NRD to have the word Islam deleted from her NRIC. However the NRD requested for the appellant to submit a certificate and/or order from the Syariah Court. The issue was whether the NRD was right in law in rejecting the appellant s application under Regulation 14 of the National Registration Regulations 1990 ( the 1990 Regulations ) to have the statement of her religion as Islam deleted from her NRIC and in requiring a certificate and/or order from the Syariah Court. The respondent relied on paragraph (cc)(xiii) of Regulation 4 that the Director General is entitled to call for additional information from a person applying for a change of name under Regulation 14. Therefore, there was nothing illegal in the Director General requesting the appellant to produce a certificate and/or order from the Syariah Court. However, counsel for the appellant submitted that Regulation 4(cc)(xiii) only permits the Director General to request for information in respect of the particulars furnished by the appellant. So, in the present instance the Director General would have been entitled to ask the appellant to produce her baptismal certificate to show that she was in fact a Christian as stated in her application form. Accordingly, the request for the order from the Syariah Court was not a request authorized by Regulation 4 (cc)(xiii). Held: Appeal dismissed by the majority. Lina Joy appealed to the Federal Court. The case is now pending decision before the Federal Court. Federal Court Civil Appeal No: (W) Cherie Booth QC -v- Attorney General, Malaysia & Ors Summary: The appellant appealed against the decision of the High Court Judge who refused the application of an ad hoc admission of the Appellant, Cherie Booth QC, to the Malaysian Bar pursuant to section 18(1) of the Legal Profession Act 1976 ( LPA ) for the purpose of appearing in two Federal Court Appeals. The Respondents main ground of objection was that the Appellant had no special qualifications or experience of a nature not available amongst advocates and solicitors in Malaysia. Hence, the only issue requiring determination was whether the Appellant had shown that she had such qualifications or experience that would render her eligible for such admission. Held: Appeal dismissed. It was pertinent to note that Fawziah Holdings had appointed Dato R. R. Sethu as senior counsel to argue the case in the High Court. In the Court of Appeal, Fawziah Holdings appointed Dato Dr. Cyrus Das as senior counsel. Both were experienced senior members of the Bar and were capable of handling the pending appeals in the Federal Court. It was, therefore, not true that there were no local advocates and solicitors of a quality and type available amongst the 12,000 in Malaysia who were equally qualified and experienced to handle the appeals. Further, it was unclear the extent the Appellant would effectively be able to assist the Federal Court since she had not been present during the proceedings before the lower courts. Surely, a foreign counsel, like the Appellant, lacking in local knowledge and not having handled the trial and the appeal, would necessarily be disadvantaged in handling the appeals in the Federal Court. 53

6 Federal Court Civil Application No: Meor Atiqulrahman bin Ishak (an infant, by his guardian ad litem, Syed Ahmad Johari bin Syed Mohd) -v- Fatimah bte Sihi & Ors Summary: The appellants, students of one Sekolah Kebangsaan Serting Hilir (FELDA), were expelled from the said primary school for refusing to comply with Regulation 3 of the Peraturan Sekolah Kebangsaan Serting (FELDA) 1997 ( School Regulations 1997 ). The appellants had worn turbans as part of their school uniform to school, which was prohibited by Regulation 3(i)(i) of the School Regulations 1997, and their refusal to cooperate with the relevant authorities requests for their adherence to the School Regulations 1997 ultimately resulted in their expulsion. The appellants challenged their dismissal in court and the learned judge found in their favour, inter alia, ruling the School Regulations 1997 was unconstitutional. The Court of Appeal reversed the judgment of the High Court and upon appeal, leave was granted to appeal on one issue only i.e. whether the regulations of the School Regulations 1997 prohibiting the wearing of serban (turban) by school pupils violated Article 11(1) of the Federal Constitution. Held: Appeal dismissed. 1. The School Regulations 1997, in so far as it prohibits the students from wearing the turban as part of the school uniform during school hours, does not contravene the provision of Article 11(1) of the Constitution and was, therefore, not unconstitutional. 2. The wearing of a turban (by an adult Muslim male) even if sunat or commendable, certainly does not rank on the same level as sunat prayers. Thus, the practice is of little significance from the point of view of the religion of Islam, what more, in relation to underaged boys, as in the present instance. 3. This was not a total prohibition of the wearing of the turban. The primary school students, although not allowed to wear the turban as part of the school uniform i.e. during school hours, were not prevented from wearing the turban at other times, such as, during performing Zohor prayers in the school surau. 4. It must be accepted that Malaysia is a multi-racial, multi-cultural, multi-lingual and multi-religious country and by any standard, Malaysia s success has been miraculous in terms of unity, peace and prosperity. Whatever the other factors that had contributed to it, the educational system that had helped to mould the minds of the Malaysian boys and girls in growing up to become Malaysians could not be ignored. The educationists should be given some respect and credit when they formulate some regulations applicable in their schools for the general good of all the students, society and later the nation. 54

7 Federal Court Rayuan Sivil No Mohd Ridza Bin Zain -v- 1. Hanafi Bin Mamat 2. Pegawai Pengurus Pilihanraya 3. Suruhanjaya Pilihanraya Summary: This appeal is against the decision of the Election Judge dismissing with costs after trial the Election Petition presented by the Appellant in respect of the Pengkalan Pasir N12 state constituency where the First Respondent was returned and elected with a winning majority of 134 votes in the election held on 6/12/2005. The relief the Appellant was seeking in the said Election Petition was for a declaration that the election for the state constituency of N. 12 Pengkalan Pasir held on 6/12/2005 was void and to declare that the First Respondent was not duly elected or ought not to have been returned under the relief prayed for pursuant to section 35(a) and (b) of the Election Offences Act, The Election Petition sets out seven (7) grounds to support the Petitioner s contention that the said election be declared as void. The said grounds are as follows: (a) Bribery Section 32(a) Election Offences Act 1954; (b) Treating - Section 32(a) Election Offences Act (c) Personation section 7 read together with Section 32(c) Election Offences (d) Undue influence section 9 read together with Section 32(c) Election Offences (e) Corrupt Practice section 11(c) read together with Section 32(c) Election Offences (f) Promoting feelings of ill will or hostility Section 4A read together with Section 32(b) Election Offences (g) Violation of Regulation 19(7) of the Elections (Conduct of Elections) Regulations 1981 Held: The Federal Court dismissed the Appellant s appeal with costs on the ground that the Petitioner did not prove his locus standi to file the Election Petition as required under Regulation 4(1)(a) of the Election Petition Rules 1954 and section 34 of the Election Offences Act

8 Federal Court Tahun 2005 (T) Sulaiman Bin Takrib (No. K/P: Kerajaan Negeri Terengganu Kerajaan Malaysia -v- -v- Applicant Respondent...Intervener Summary: The Applicant is seeking a declaration that section 51 of the Administration of Islamic Religious Affairs (Terengganu) 2001 (AIRA) and sections 10 and 14 of the Syariah Criminal Offences (Takzir) (Terengganu) Enactment 2001 (SCOT) are invalid and void on the ground that the State Legislative Assembly of the State of Terengganu (SLAT) has no legislative power to enact the said law. Briefly the application which is made under Article 4(4) read with Article 128 of the Federal Constitution is premised on the following grounds that - (a) (b) (c) the SLAT has created the Fatwa Committee as an independent legislative body in the State of Terengganu contrary to the Federal Constitution and in particular List II Ninth Schedule of the Federal Constitution; the Fatwa Committee is enacting criminal law contrary to Item 4 (e) (ii) List I Ninth Schedule Federal Constitution and the precepts of Islam; the Fatwa Committee is enacting criminal law in violation of his fundamental liberties as enshrined in Article 11(1) (freedom of religion), Article 10 (freedom of speech, assembly and association and Article 5(1) (personal liberty) of the Federal Constitution. The case is now pending decision by the Federal Court. Wong Chong Sang 1. Nga Kor Ming 2. Pegawai Pengurus Bahagian Pilihan Raya N. 37 Pantai Remis, Perak Darul Ridzuan Federal Court Civil Appeal No Between And Appellant 3. Suruhanjaya Pilihan Raya Malaysia Respondents 56 Summary: The Appellant lost to the 1 st Respondent in the general elections held on 21 March Dissatisfied, the Appellant filed an election petition seeking declarations that the election of the 1 st Respondent was null and void and that he be returned as the successful candidate. The Appellant claimed that the 2 nd Respondent, the Returning Officer should have rejected the 1 st Respondent s nomination papers on nomination day as one of three copies of the nomination papers filed was defective, the name of the constituency being incorrectly stated. If he had, the Appellant would have been returned unopposed. The Election Judge dismissed the election petition. The Court held that the name of the relevant constituency could be sufficiently identified from the other particulars in the defective nomination paper or by cross-referencing the same with the electoral roll. Alternatively the Returning Officer could look at the other two copies of the nomination papers which were correctly filed. The Court further held that even assuming that there was an improper acceptance of the nomination paper the purity of the election process remained intact as the electorate was given a change to vote for the candidate of their choice. The alleged non-compliance did not affect the result of the election. The Appellant appealed to the Federal Court. Hold: The Federal Court dismissed the appeal with costs affirming the Election Court s decision.

9 Kuala Lumpur High Court Court No: R Yazid Sufaat & Ors -v- Suruhanjaya Pilihanraya Malaysia Summary: The applicants were Malaysian citizens and detainees under the Internal Security Act 1960 ( ISA ) at Pusat Tahanan Kamunting, Perak. The respondent was the Election Commission ( Commission ) set up under Article 114 of the Federal Constitution. When Parliament and the Legislative State Assemblies (except Sarawak) were dissolved on March 2004, paving the way for the 11 th general election for Malaysia, the applicants informed the Commission by way of two letters dated and of their right to vote, their intention to vote and for the Commission to facilitate the casting of their votes during the election. They wrote a similar letter to the Commission on The 11 th general election was held on , but the applicants could not and were not able to cast their votes. This, according to the applicants, amounted to denial of their rights to vote pursuant to Article 119 of the Federal Constitution. Held: Application dismissed with costs. 1. The applicants were registered as electors during the previous general election and being ISA detainees, the applicants were not convicted prisoners serving sentence of imprisonment. Thus, they were not disqualified from voting in the previous general election and had the constitutional rights to vote. However, their rights to vote must be at a particular constituency where they have registered themselves as electors. 2. It was not the responsibility of the Commission to ensure that all electors would vote on the polling day. Voting is not compulsory in Malaysia. It is left to the individual registered electors to go to the polling station of the constituency where his name has been registered as an elector. It was not the duty of the Commission to transport the applicants to the respective constituencies to enable them to vote on the polling day. 3. The applicants were not qualified to be postal voters since they had not made formal application to be registereds as postal voters under reg. 3(1)(f) of the Election (Postal Voting) Regulation Therefore there was no violation of their rights when the Commission did not provide them with the postal ballot papers. 4. The applicants were detained under the ISA, a law enacted under Article 149 of the Federal Constitution which states that any law introduced for the purposes of curbing any activities that is prejudicial to public order or the security of the country or part thereof is valid notwithstanding that it is inconsistent with the provision of Article 5, Article 9, Article 10 or Article 13. Hence, when a person is detained under the ISA, he loses the aforesaid rights guaranteed under the Federal Constitution. The applicants appealed to the Court of appeal. The case is now pending hearing before the Court of Appeal. 57

10 PERCENTAGE OF CASES HANDLED BY THE CONSTITUTIONAL AND ADMINISTRATIVE LAW UNIT IN % 17% Court Martial Public Service 13% Government Constitution Call To The Bar Petition 16% The above chart shows the percentage of opened, closed and outstanding cases for the year The highest percentage is the outstanding cases amounting to 3298 cases which make up 57%. The difference between the number of opened and closed cases is minimal whereby 1203 for cases registered and 1015 for cases closed. 2% 6% Administrative Law Labour, Industrial and Trade Union Election Petitiom Land 11% 13% 12% NUMBER OF CASES ACCORDING TO THE TYPES OF CASES HANDLED BY THE CONSTITUTIONAL AND ADMINISTRATIVE LAW UNIT IN 2005 No Type of case Total 1. Martial Court Administrative Law Public Service Labour, Industrial and Trade Union Call to the Bar Petition Government Proceedings Election Petition Constitution Land

11 NUMBER OF REGISTERED CASES HANDLED BY THE CONSTITUTIONAL AND ADMINISTRATIVE LAW UNIT in CHART SHOWING TYPES OF CASES HANDLED BY THE CONSTITUTIONAL AND ADMINISTRATIVE LAW UNIT brought forward from 2005 closed in 2006 registered in 2006 outstanding as at December 2006 At the beginning of 2006, there were 3,805 cases brought forward from Up to the end of December 2006, there were 1,367 new files registered in which the total number of cases handled by this Unit is 5,172 cases. Out of these 5,172 cases, only 969 cases were closed at the end of Hence, the total number of outstanding cases as at end of 2006 is 4,203 cases. 59

12 PERCENTAGE OF PENDING CASES AS AT THE END OF DECEMBER % 1% 4% 56% 8% 1% Martial Court Administrative Law Public Services Labour,Industrial and Trade Union Petition for Admission to the Bar Government Proceedings Election Petition Constitution Land The chart above shows the percentage of types of cases handled by this Unit as at the end of The petition admission of advocates and solicitors has the highest percentage of 56% which is in lieu with the increased number of such petition. 14% 8% 5% Included hereinunder are some of the articles extracted from local newspapers regarding some of the high profile cases handled by this Unit. 60

13 ATTORNEY GENERAL S CHAMBERS MALAYSIA REPORT 2005/

14 GOVERNMENT CONTRACTS AND MEDICAL NEGLIGENCE UNIT The scope of the Contracts and Medical Negligence Unit are: To initiate civil proceeding involving Government of Malaysia in cases such as: Public Service Department education loans Ministry of Education scholarships Government Quarters Excess payment of allowances Government contract To defend Government of Malaysia in: Government contract cases Medical negligence cases To process applications for appointments or re-appointment as Notary Public pursuant to the Notaries Public Act 1959 [Act 115] The chart below shows the number of cases conducted by the Unit for 2005 and

15 Among the cases handled by this Unit in 2005/2006 were Johor Baru Sessions Court Summons No: (PN/JR/HQ/SL/11/74/6/2001) Salmah Bt. Suleiman -v- Dr. Mondzi Bin Basir & Anor. Summary: The Plaintiff sued the Defendants for negligence for causing the death of her foetus during delivery. The Defence case was that the Plaintiff s foetus died of birth asphyxia which was not related to the delivery process but of antenatal events. Judgment of the court was delivered on Held: Plaintiff s claim against the Defendants was dismissed with costs. Ipoh Sessions Court Summons No: Lee Ah Sai 2. Khor Khai Boon -v- Government of Malaysia Summary: The Plaintiff sought damages for alleged negligence on the treatment given to their son who had dies of myocarditis with massive pulmonary haemorrhage. The Plaintiff alleged that the Defendant had failed to take the necessary actions to treat the deceased thus resulting in the untimely death of their son. The Defendants in their defence argued that at the material time, the treatment given to the deceased was correct and proper. Judgment of the court was delivered on Held: Plaintiffs claim against Defendant was dismissed with costs. 63

16 NUMBER OF NEW MEDICAL NEGLIGENCE CASES FROM 2002 TO 2006 HANDLED BY CONTRACT & MEDICAL NEGLIGENCE UNIT Year Number of cases STATISTICS OF MEDICAL NEGLIGENCE CASES DIVISION OF MEDICAL NEGLIGENCE CASES ACCORDING TO MEDICAL DISCIPLINES 64

17 TORT & STATUTORY DUTIES UNIT The Tort and Statutory Duties Unit commences and conducts all civil proceedings relating to the law of tort and statutory duties for and on behalf of the Government of Malaysia and the respective government agencies. Among the cases handled by this Unit include: Motor accident Assault Wrongful shooting Wrongful arrest Malicious prosecution Cases concerning the Road Transport Department PERFORMANCE Among the cases handled by this Unit in 2005 and 2006 were: Court of Appeal Civil Appeal No. : W Lay Kee Tee & 183 Others Appellants -v- 1. Government of Malaysia 2. Government of Negeri Sembilan 3. Government of Perak 4. Government of Selangor Respondents Summary: The Appellants are pig farmers and are claiming special, general, aggravated and exemplary damages as a result of the Japanese Encephalitis and Nipah virus outbreak in They claimed to have suffered personal injuries, loss of dependency, destruction of pigs and property as a result of the Respondents actions or omissions. Eight causes of action were framed including negligence and breach of statutory duties. The Appellants allege that the Respondents did not act with sufficient promptitude and allowed the situation to worsen to such an extent that led to the Appellants to suffering the alleged injuries and losses. The High Court struck out the Appellants claim under O 18 r 19 Rules Of The High Court 1980 as disclosing no cause of action, being frivolous and vexatious and an abuse of the court s process. The Appellants appealed. Judgment of the Court of Appeal was delivered on Held: The Court of Appeal allowed the appeal and held that there were triable issues raised and the case ought to proceed by way of a trial. the Respondents have filed an application for leave to appeal to the Federal Court. 65

18 High Court Kuala Lumpur Civil Action No. : D Indah Desa Saujana Corporation Sdn Bhd 2. Winner Place Sdn Bhd 3. Low Eng Cheong Plaintiffs -v- 1. James Foong Cheng Yuen [Judge High Court of Malaya] 2. Government of Malaysia Defendants Summary: The Plaintiffs sued the 1 st Defendant who was then the High Court Judge in charge of the Civil Division of the Kuala Lumpur High Court for allegedly interfering with the execution of a judgment. The Attorney General s Chambers applied to strike out the action on the grounds that the claim did not disclose a cause of action, was scandalous, frivolous and vexatious and an abuse of the court s process. The Plaintiffs responded by applying for an order preventing the Attorney General from acting for the 1 st Defendant. The decision of the court was delivered on Held: The application to prevent the Attorney General from acting for the 1 st Defendant was dismissed on the ground that Article 145 of the Federal Constitution gives ample power to the Attorney General to represent any person performing functions under the Constitution. The application to strike out the claim was further allowed with costs. The Plaintiffs have appealed to the Court of Appeal. 66

19 Court Of Appeal Civil Appeal No. : B Government of Selangor 2. United Engineers (M) Berhad 3. Lembaga Lebuhraya Malaysia 4. Government of Malaysia Appellants -v- Sagong Tasi and 6 Others Respondents Summary: Some land occupied by the Respondents who are Orang Asli was excised for the purposes of building a highway in Dengkil. The Respondents sought declaratory reliefs claiming that they were owners of the land by custom, holders of native title and holders of usufructuary rights of the lands. They also claimed that the Appellants owed them fiduciary duties which were breached and claimed compensation. The Appellants, inter alia, denied that such rights over the lands existed in law and if such rights existed the same had been extinguished. The High Court granted the declaratory reliefs and ordered compensation to be paid. The Appellants appealed. Decision of the court was delivered on Held: The Court of Appeal dismissed the appeal and held that the the Respondents were entitled to customary title and ordered that compensation be paid in accordance with the Land Acquisition Act 1960 and not the Aboriginal Peoples Act 1954: The Court further awarded damages for trespass, and aggravated damages. The case is now pending hearing before the Federal Court after leave to appeal was granted to the Appellants. 67

20 High Court of Malaya at Shah Alam Civil Action No. : Lee Heng Moy [Plaintiff acting in person through Lee Heng Yau as Plaintiff s Power Of Attorney] -v- Plaintiffs 1. Tan Kim Leong 2. BDO Capital Consultants Sdn Bhd 3. Ranjit Ooi & Robert Low 4. Datin Paduka Zaleha binti Zahari [Judge High Court of Malaya at Shah Alam] 5. Tun Ahmad Fairuz bin Dato Sheikh Abdul Halim [Chief Justice of Malaysia] 6. Government of Malaysia Defendants Summary: The Plaintiff sued the Defendants through her power of attorney wherein the power of attorney acted as solicitor and advocate for her. The statement of claim showed that the Plaintiff was aggrieved with certain orders made by the 4 th Defendant in exercising judicial functions in a civil suit. Allegations of negligence, oppressive actions and bad faith were made. The 4 th, 5 th and 6 th Defendants applied to strike out the suit as it disclosed no cause of action, as being scandalous, frivolous and vexatious and as an abuse of the court s process. The application also sought an order that the power of attorney had no locus standi to act as advocate and solicitor. The delivered its judgment on Held: The writ and statement of claim was struck out on the grounds the application was made. The court also held that a power of attorney was an unauthorized person under the Legal Profession Act 1976 and had no locus standi to commence the action. The Court of Appeal agreed with the decision of the High Court and dismissed the Plaintiff s appeal. The Plaintiff has since filed an application for leave to appeal to the Federal court. NUMBER OF CASES HANDLED BY THE TORT AND STATUTORY DUTIES UNIT IN NO. TYPES OF CASES AMOUNT PERCENTAGE 1. Motor Accident % 2. Miscellaneous % 3. Cases concerning the police % 4. Road Transport Department 34 5%

21 CHART SHOWING TYPES OF CASES HANDLED BY THE TORT AND STATUTORY DUTIES UNIT IN % Motor accident Police cases 6.4% 5.0% Miscellaneous 65.1% Road Transport Department The above chart shows that most of the cases handled by this Unit are motor accident matters (65.1%). This is followed by miscellaneous cases (23.5%), cases concerning the police (6.4%) and Road Transport Department case (5%). NUMBER OF CASES HANDLED BY THE TORT AND STATUTORY DUTIES UNIT IN 2006 NO. TYPES OF CASES AMOUNT PERCENTAGE 1. Motor Accident % 2. Miscellaneous % 3. Cases concerning the police 39 5% 4. Road Transport Department % 69

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