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Checking relevance for BASKARAN GOVINDASAMY & ORS vs CHIEW YIT KIN...
BASKARAN GOVINDASAMY & ORS vs CHIEW YIT KIN - Court of Appeal Putrajaya (2025) : The case of T Sivam Tharamalingam v. Public Bank Berhad ; [2018] 5 MLJ 711; [2018] 6 CLJ 1 defines the meaning of ''''good faith'''' (which is closely related to ''''bona fide'''') as follows: ''''Good faith'''' implies honesty or sincerity of intention. According to NS Bindra''''s Interpretation of Statutes (10th Ed), ''''good faith'''' includes due inquiry and implies not only an upright mental attitude and clear conscience, but also the doing of an act showing that ordinary prudence has been exercised according to the standards of a reasonable person. It contemplates an honest effort to ascertain the facts upon which the exercise of power must rest, and can be summed up as ''''an honest determination for ascertained facts''''. It precludes pretence of deceit, negligence, and recklessness. The phrase ''''good faith'''' is not static and may vary in context, but a constant element is honest intent free from taint or fraud or fraudulent design.Checking relevance for BASKARAN GOVINDASAMY & ORS vs CHIEW YIT KIN...
BASKARAN GOVINDASAMY & ORS vs CHIEW YIT KIN - Court of Appeal Putrajaya (2025) : In T Sivam Tharamalingam v. Public Bank Berhad [2018] 4 MLRA 583; [2018] 5 MLJ 711; [2018] 6 CLJ 1, Azahar Mohamed FCJ (as he then was) explained the meaning of ''''good faith''''—a key component of ''''bona fide''''—as follows: ''''Good faith'''' implies honesty or sincerity of intention. According to the Concise Oxford English Dictionary (11th Ed), it means honesty or sincerity of intention. NS Bindra''''s Interpretation of Statutes (10th Ed) defines it as including due inquiry, an upright mental attitude, clear conscience, and the exercise of ordinary prudence according to the standards of a reasonable person. It requires an honest effort to ascertain the facts upon which the exercise of power must rest, and can be summed up as ''''an honest determination for ascertained facts''''. It precludes pretence of deceit, negligence, and recklessness. The phrase ''''good faith'''' is consistent in connotation across statutes: honest intent free from taint or fraud, or fraudulent design, is a constant element. The existence of good faith is a question of fact to be determined by the court based on the particular circumstances of each case.Checking relevance for KETUA PENGARAH HASIL DALAM NEGERI MALAYSIA vs EHSAN ARMADA SDN BHD...
KETUA PENGARAH HASIL DALAM NEGERI MALAYSIA vs EHSAN ARMADA SDN BHD - Court of Appeal Putrajaya (2023) : The term ''''bona fide'''' is addressed in the context of ''''good faith'''' in the Federal Court''''s decision in T Sivam Tharamalingam (as representative/administrator for the estate of Nagamuthu a/l Periasamy, deceased) v. Public Bank Bhd, [2018] 5 MLJ 711. The court defined ''''good faith'''' as implying honesty or sincerity of intention, and stated that ''''good faith'''' includes due inquiry and implies not only an upright mental attitude and clear conscience, but also the doing of an act showing that ordinary prudence has been exercised according to the standards of a reasonable person. It further defines ''''good faith'''' as ''''an honest determination from ascertained facts'''', and emphasizes that it precludes pretence, deceit, negligence, and recklessness. The definition of ''''good faith'''' in this case law inherently encompasses the concept of ''''bona fide'''', as ''''bona fide'''' is synonymous with ''''in good faith'''' and refers to honest intent free from taint or fraud, which is a constant element of its connotation.Checking relevance for MALAYAN BANKING BERHAD vs MOHD AFFANDI AHMAD & ANOR...
Checking relevance for SUNITHA MADHU vs PALAYAM NAGAPPAN & ORS...
Checking relevance for SUNITHA MADHU vs PALAYAM NAGAPPAN & ORS...
SUNITHA MADHU vs PALAYAM NAGAPPAN & ORS - High Court Malaya Shah Alam (2025) : The meaning of ''''good faith'''' (which is synonymous with ''''bona fide'''' in legal context) is defined as honesty or sincerity of intention, and includes due inquiry, an upright mental attitude, clear conscience, and the exercise of ordinary prudence according to the standards of a reasonable person. It also entails an honest effort to ascertain the facts upon which the exercise of a power must rest, and can be summed up as ''''an honest determination from ascertained facts''''. This definition is derived from the Concise Oxford English Dictionary (11th Ed), NS Bindra''''s Interpretation of Statutes (10th Ed), and affirmed in the Federal Court case of T Sivam Tharamalingam. The determination of good faith is a question of fact dependent on the particular circumstances of each case.Checking relevance for CHIEW YIT KIN vs PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN & ORS...
CHIEW YIT KIN vs PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN & ORS - High Court Malaya Kuala Lumpur (2023) : The meaning of ''''good faith''''—which is synonymous with ''''bona fide'''' in legal context—is defined in the case of T Sivam Tharmalingam (as representative/administrator for the estate of Nagamuthu Periasamy, deceased) v. Public Bank Bhd, [2018] 5 MLJ 711, where Azahar Mohamed FCJ stated that ''''good faith'''' implies honesty or sincerity of intention, includes due inquiry, and requires an honest effort to ascertain the facts upon which the exercise of power must rest. It is summed up as ''''an honest determination from ascertained facts'''' and precludes pretence, deceit, negligence, and recklessness. The phrase connotes honest intent free from taint or fraud, which is a constant element across contexts. The determination of good faith is a question of fact dependent on the particular circumstances of each case.
