Mahesan s/o Thamhiah v Malaysia Government Officers' Co-operative Housing Society Ltd

JurisdictionUK Non-devolved
Judgment Date1978
Date1978
CourtPrivy Council
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82 cases
  • Fyffes Group Ltd v Templeman
    • United Kingdom
    • Queen's Bench Division
    • Invalid date
  • Motortrak Ltd v FCA Australia Pty Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 30 April 2018
    ...where FCAA affirmed the Agreement. Discussion 135 It seems to me that the principle is as set out by Lord Diplock in Mahesan v Malaysia Housing Society [1979] AC 374 at 383. Having referred to the earlier authorities in which it was said there was an “ irrebuttable presumption of loss or da......
  • Sumitomo Bank Ltd v Kartika Ratna Thahir and Others and another matter
    • Singapore
    • High Court (Singapore)
    • 3 December 1992
    ...v Crossland (1856) 3 Sm & G 192; 65 ER 620 (refd) T Mahesan s/o Thambiah v Malaysia Government Officers' Co-operative Housing Society Ltd [1979] AC 374 (folld) Tan Chye Chew v Eastern Mining and Metals Co Ltd [1965] 1 MLJ 201 (distd) Taylor v Plumer (1815) 3 M & S 562; 105 ER 721 (refd) Uni......
  • Tang Man Sit (Personal Representatives of) v Capacious Investments Ltd
    • United Kingdom
    • Privy Council
    • 18 December 1995
    ...firmly in mind. The principles in that case were applied in Mahesan v Malaysia Government Officers' Co-operative Housing Society LtdELR ((1979) AC 374). In the present case, to some extent at least, the remedies claimed by the plaintiff included two alternative and inconsistent remedies. An......
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1 firm's commentaries
  • International Fraud & Asset Tracing (3rd Edition), England & Wales
    • United Kingdom
    • JD Supra United Kingdom
    • 5 March 2015
    ...duty. It is suffi cient that the bribes are paid to the agent (Mahesan v Malaysian Government Offi cers’ Co-operative Housing Society [1979] AC 374). The principal will also be able to recoup the value of the bribe from the briber on the same basis (Salford Corporation v Lever (No.2) [1891] 1......
6 books & journal articles
  • Restitution
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...analysis in delivering the advice of the Privy Council in T Mahesan v Malaysian Government Officers” Co-operative Housing Society[1978] 1 MLJ 149, of the corresponding provision in the Malaysian Prevention of Corruption Act 1961 (No 42 of 1961) (referring to s 30 which is in pari materia wi......
  • SELF-DEALING AND NO-PROFIT RULES: COMPANIES ACT 2016
    • Singapore
    • Singapore Academy of Law Journal No. 2020, December 2020
    • 1 December 2020
    ...[2002] 2 BCLC 201. 154 [1898] 1 Ch 358. 155 [1915] 1 Ch 503. 156 Mahesan v Malaysia Government Officers' Co-operative Housing Society Ltd [1979] AC 374. 157 The right to do so is on the basis of dishonest assistance. 158 Tan Sri Dato' Dr Awang Had bin Salleh v Dato' Haji Mohamed Haniffa bin......
  • ISSUES CONCERNING COMPLIANCE
    • United Kingdom
    • Journal of Money Laundering Control No. 4-2, April 2000
    • 1 April 2000
    ...of Decisions 135. (58) See also the Policy and Jurisdictional issues raised in Chapter One. (59) Mahesan v Malaysian Housing Society [1979] AC 374. (60) Eg Agip v Jackson [1990] Ch 265, [1991] Ch 547. (61) Eg Brinks v Abu-Saleh [1995] 1 WLR 1478. (62) Eg Kuwait Oil Tanker Co. v Al Bader (un......
  • BERJAYA TIMES SQUARE REVISITED
    • Singapore
    • Singapore Academy of Law Journal No. 2020, December 2020
    • 1 December 2020
    ...Ltd v Barclays Bank Ltd [1941] AC 1 at 30, per Lord Atkin; Mahesan v Malaysian Government Officers' Co-operative Housing Society [1978] 1 MLJ 149; Tan Man Sit v Capacious Investments Ltd [1996] 1 AC 514. 83 J W Carter, Carter's Breach of Contract (Sydney, Australia: LexisNexis Butterworths,......
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