Idrus bin Harun

On the judicial record

Shows an apex- and appellate-level judge engaging across the constitutionality of the Shariah Advisory Council scheme under the Central Bank of Malaysia Act 2009, secret trusts, land, and enforcement of arbitral awards under the Arbitration Act 2005.

Idrus bin Harun appears in this collection sitting in the Federal Court and the Court of Appeal, and the docket ranges across constitutional, banking, land and commercial law at the highest levels. Constitutional and administrative law is prominent, including a judicial-review challenge to a decision of the Director General of National Registration and appeals engaging the constitutional framework of the federation. A significant strand concerns Islamic banking and the constitutionality of the statutory scheme under which the Shariah Advisory Council's rulings bind the courts, engaging the relevant provisions of the Central Bank of Malaysia Act 2009 and Article 121 of the Federal Constitution. Property and equity questions recur, including the position of a purchaser of property without title and the applicability in Malaysia of the doctrine of a secret trust, engaging Article 160 of the Federal Constitution and the Interpretation Acts. Banking and finance appeals feature alongside land disputes involving State land and survey authorities. Civil-procedure questions of general importance are addressed, such as whether documents placed in Part A of an agreed bundle can be challenged at trial. Arbitration appears through an application to recognise and enforce a foreign award by entry as a High Court judgment under sections 38 and 39 of the Arbitration Act 2005, and employment law through the dismissal of an expatriate employee without just cause or excuse and the single-economic-unit question. Because the Federal Court and Court of Appeal sit in panels and their rulings bind or guide the courts below, these decisions settle points of general importance rather than merely resolving the dispute at hand. Private individuals are referred to by role; corporate, governmental and statutory parties are named. A recurring concern is the correct construction of a statute against the constitutional text. The collection is valuable for showing how an apex- and appellate-level judge engages across constitutional, banking, land and commercial law.