Wednesday, April 15, 2009

Sri Ram's "landmark" rulings: Some examples

After 15 years in the Court of Appeal, Datuk Gopal Sri Ram will be elevated to the Federal Court together with two judgesSri Ram, 65, has the distinction of being the first lawyer in private practice to be appointed straight to the Court of Appeal when it was set up in 1994. He never served as a judicial commissioner nor a High Court judge.

Occasionally, he has been invited to the Federal Court bench in the interest of justice and has written about 800 judgments.

Some of his landmark rulings are in the areas of public, contract and industrial law.(

The following are examples of this great mind's works:

a) Tommy Thomas & Ors v. MBf Capital Berhad and MBf Northern Securities Sdn Bhd
" was not necessary for a company to be in possession of cash in order to satisfy the court that it was in a position to pay the costs of an action brought by it in the event that it failed in its suit."

b)The Sababumi matter where Sri Ram seems to have declared huge sections of the Malaysian gaming industry invalid:-

c) The Bakun Dam matter-where Sri Ram held that "In particular he (James Foong) did not have sufficient regard for public interest. Additionally he did not consider the interests of justice from the point of view of both the appellants and respondents."
The appellants were Penan trying to defend their homes;the respondents the Governments of the Federation of Malaysia and the State of Sarawak.

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