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Australian Journal of Asian Law

Abstract from Volume 9 No 1 (2007)

CASE NOTE: Contra bonos mores: Religious Tenets and National Philosophy as the Yardstick for Determining Public Policy

Choong Yeow Choy is Professor, Faculty of Law, University of Malaya.

This case note examines the implications of the decision of the Malaysian High Court in Ritz Hotel Casino Ltd v Datuk Seri Osu Haji Sukam [2005] 6 MLJ 760 (Ritz Hotel Casino). This case raised two major concerns. The first was the enforcement of foreign judgments in Malaysia. Second, the decision is significant in that the court resorted to a number of extra-legal ‘sources’ as authority in determining the public policy of Malaysia. I argue that the adoption of such an approach gives rise to uncertainties and has an adverse effect on commercial transactions, especially where courts are required to consider the validity and enforceability of contracts on the ground of public policy.

(2007) 9(1) Asian Law 176-185

   
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