CASE SUMMARY: PART 18

Nicaragua vs. USA [1986] ICJ Rep 14
●Public International Law●
“Opinio juris may be deducted from the General Assembly and the court gives example of declaration on Principles of International Law concerning friendly relations and co-operation among states in accordance with the charter of UN”


Noble vs. Harrison [1926] 2 KB 332
●Law of Torts●
“A person is liable for a nuisance constituted by the state of his property: (1) if he causes it, (2) if by the neglect of some duty he allowed it to arise, and (3) if, when it has arisen without it has arisen without his own act or default, he omits to remedy it within a reasonable time after he did or ought to have become aware of it”


Noel Kenneth Davidson vs. Firm Corp Sdn Bhd [1994] 1 AMR 862
●Law of Torts●
“When a cheque is involved the conversion is not of the money derived from the cashing of the cheque or the amount credited to an account, but that of the cheque itself, the damages arising there from is the value of the cheque. A plaintiff can only succeed in an action for the conversion, if he had, when the unlawful act was committed, the possession, or the immediate possession, of the chattels unlawfully dealt with”


Northern Countries Securities Ltd. vs. Jackson & Ateeples Ltd. [1974] 1 W.L.R.
●Company Law●
“A director is an agent, who casts his vote to decide in what manner his principal shall act through the collective agency of the board of directors”



Northern Electric Co Ltd vs. Frank Warkentin Ltd et al [1972] 27 DLR (3d) 519
●Law of Partnership●
“The sharing of gross returns under a lease did not itself create a partnership”


North Sea Continental Shelf Cases ICJ Reports [1969], 3
●Public International Law●
“Only the first three articles of the Convention were emergent or pre-existing customary law. The court concluded further, that the provision on of shelf areas in Article 6 of the Convention had not become a rule of customary law by virtue of the subsequent practice of states and, in particular, of non-parties”


Oh Hiam & Ors vs. Tham Kong [1980] 2 MLJ 159
●Land Law●
“The Torrens system is designed to provide simplicity and certitude in transfers of land, which is amply achieved without depriving equity of its ability to exercise its jurisdiction in personam on grounds of conscience”


Ong Chat Pang vs. Valliappa Chettiar [1971] 1 MLJ 224
●Land Law●
“Malaysian indefeasibility provision appears to contain a wide saving proviso which makes a registered title liable to defeat by operation of law, and this proviso is wide enough to bring in the operation of section 26”







Ong Cheng Neo vs. Yap Cheah Neo [1875] 6 LR 381
●EQUITY●
“A Chinese woman died and through her will ‘made over’ to her executors all her property, in trust, for the purpose to be mentioned. These were found to be obscure and uncertain. She also directed that some portions of a house should neither be mortgaged nor sold, but kept as ‘a family residence’ without mentioning the period for which the house should be kept like that. Court held that the gift as void infringing the rule against perpetuity”


Ong Hoo Hoong vs. Kong Yin Weng [1965] 2 MLJ 97
●Law of Torts●
“One co-owner of land can be only brought an action of trespass against the other if he has been actually ousted or dispossessed of the land. Each co-owner is entitled to possession of the whole land, so that if one turns the other off the land or part of it, it is a trespass”