Mohd Firuz bin Jaffril

On the judicial record

Shows a judge working across construction adjudication, revenue, land and native rights, trusts, intellectual property and crime at both trial and appellate level, including a CIPAA section 13 finality question.

Mohd Firuz bin Jaffril appears in this collection sitting in both the Court of Appeal and the High Court, and the docket accordingly mixes first-instance trials with appellate review across a wide field. Construction and payment law is prominent through the Construction Industry Payment and Adjudication Act 2012 (CIPAA), including questions of considerable doctrinal importance at the intersection of construction adjudication and insolvency — whether the temporary finality conferred by section 13 of CIPAA forecloses a debtor company's right to raise a genuine cross-claim. Revenue law features through stamp duty on an asset-purchase agreement for telecommunication towers, and whether the instrument was a conveyance on sale attracting ad valorem duty under section 21(1) of the Stamp Act 1949. Land and native rights recur, including native customary rights turning on continuous occupation, the cultivation requirement, abandonment and inheritance of native customary land. Trusts and estates appear through express, resulting and constructive trusts, the duties of a trustee, and the admissibility of hearsay evidence. Judicial review is represented by a challenge to the validity of a planning permission. Intellectual property features in a copyright dispute over a master's dissertation — the subsistence of copyright, its fixation in material form and the assignment of copyright to a university. Arbitration appears where the court considered whether a court-ordered reference to arbitration differs from a submission to arbitration. A criminal appeal saw a conviction under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952) set aside and substituted with a conviction under section 12(2) of the same Act. The judgments engage closely with statutory text and precedent. Private individuals are referred to by role; corporate, governmental and institutional parties are named. The collection shows a judge working comfortably across construction, revenue, land, trusts, intellectual property and crime at both trial and appellate level.