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2012 MarsdenLR 1249

HIGH COURT MALAYA, KUALA LUMPUR
TENG CHI LIK & ANOR – Appellant
Versus
TIMBALAN MENTERI KESELAMATAN DALAM NEGERI MALAYSIA & ORS – Respondent


Table of Content
1. plaintiffs allege wrongful detention of 1st plaintiff. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. court struck off case, appeal allowed for 1st plaintiff. (Para 8 , 9 , 10)
3. evidence on orders not served leads to defense issues. (Para 11 , 12 , 13)
4. no evidence of wrongful detention by 3rd and 4th defendants. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26)
5. minister's orders require service to take effect. (Para 28 , 29 , 30 , 32 , 33 , 34)
6. claim upheld challenges detention orders' validity. (Para 35 , 36)
7. plaintiffs' claims dismissed due to lack of evidence. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52)
Zabariah Mohd Yusof J:

[1] The claim by the plaintiffs is for damages premised upon the 1st plaintiff being allegedly wrongfully detained by the defendants from 12 March 2008 until the 1st plaintiff was released from "restricted residence" on 5 November 2010.

Background Facts:

[2] The 2nd plaintiff is the wife to the 1st plaintiff. The 1st plaintiff was detained under ss 3(1) and 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 on 10 September 2007.

[3] The 1st plaintiff was detained under the 1st defendant's order whereb

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