COURT OF APPEAL PUTRAJAYA
BAUER (MALAYSIA) SDN BHD – Appellant
Versus
JACK-IN PILE (M) SDN BHD & ANOTHER APPEAL – Respondent
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| 1. cipaa 2012 grants new substantive rights to claimants for contract fees. (Para 29) |
"Perhaps no rule of construction is more firmly established than thus - that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards matters of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment. If the enactment is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only."
The rule has, in fact, two aspects, for it, "involves another and subordinate rule, to the effect that a statute is not to be construed so as to have a greater retrospective operation than its language renders necessary."
[25] In Francis Bennions Statutory Interpretation, 5th edn, the learned author at p 316 in similar vein states as follows:
"The essential idea of legal system is that current law should govern current activities. Elsewher
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