PRESS RELEASE: Common Law

We dont follow common law blindly!

Thu, 23 Aug 2007 15:23:50 +0100

In a recent case of Kris Angsana Sdn Bhd v Eu Sim Chuan [2007] 4 CLJ 293, the argument by the appelant at page 311:- "The last legal issue canvassed by the appellant was the position of the English common law in relation to piling and excavation works on its own land as enunciated in Acton v. Blundell and Another [1843] 152 E.R. 1223. The appellant had submitted that it was part of Malaysian common law, and that being so it had absolved the appellants from liability for a natural and ordinary use of its own land. In brief the appellant had submitted that the principle that emanated from the above case was an absolute defence". The Court of Appeal then held at page 313:- "With respect to the archaic view of Acton v Blundell the realities of modern life must not be discounted. High density of population in popular residential areas in Malaysia is now the norm. Houses may have to be built very close to each other, at times on hilltops, or even hugging those slopes. To allow the incoming new house owner or contractor to take away the ground support of adjacent buildings, justifying such acts on natural user of his land, and thereafter blaming gravity and soil subsidence (or de-watering) as an operation of the laws of nature, is not in sync with reality. We are no more a society that lives miles apart like the olden days, but in one where a sneeze is never out of the neighbour's earshot; and where likewise unreasonable activities may touch the life of a neighbour. To deny the rights of neighbours, and allow a wrongdoer to wreak havoc and heartache, would militate against the very fabric of modern life and collective ideology of a multi-faceted society. In a nutshell the case of Acton v Blundell would be out of keeping with the current existing law of torts. As it stands, if no reasonable steps were undertaken by the wrongdoer to ensure that no damages would befall the neighbours, and did indeed suffer them, an actionable tort of negligence may await him" Mohd Noh Nasira - Mohd Noh Nasira

Lesson in History

Thu, 23 Aug 2007 15:04:31 +0100

I think Tuan Haji Sulaiman's interview in the July issue of 'Off The Edge ' magazine had dealt with this issue quite extensively and points raised were very pertinent in understanding both sides of the argument. Do get a copy and read. Justin Johari Bin Azman - Justin Johari Bin Azman

Well Done!

Thu, 23 Aug 2007 14:02:15 +0100

Syabas! Sdri Ambiga, we are indeed proud to have you as our President. Keep it up! Ding Chu Teck - Ding Chu Teck

Excellent

Thu, 23 Aug 2007 11:52:13 +0100

This is classic statement of what our law is. Marvellous. The worrying thing is that there was an indication that the replacement to the common law tradition would be Islamic and customary laws, and this is echoed by Tan Sri Gani Patail's comments in http://www.utusan.com.my/utusan/content.asp?y=2007&dt=0823&pub=Utusan_Malaysia&sec=Muka_Hadapan&pg=mh_07.htmtoday entitled "Undang-undang Syariah terbaik - Gani". These constant efforts to force theological laws onto our democratic way of live must be stopped. It is causing so much unease and unhappiness. Shanmuga Kanesalingam - Shanmuga Kanesalingam

Our President

Thu, 23 Aug 2007 04:37:52 +0100

Ms Ambiga, We praise God for your existence. Your demonstration of SENSE AND SENSIBILITIES has indeed helped us to be Lovely Malaysians. Being our President, you are our 'Head' and your body is twelve thousand strong; and on the basis of your chair, and the genuine ELECTIONS carried out for your appointment, we support you and thank you for your stand. Tan Peek Guat - Tan Peek Guat