Muhammad Amin Bin Othman

On the court record

Muhammad Amin Bin Othman appears in the corpus across criminal appellate procedure, civil procedure and industrial relations, argued in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan). One Court of Appeal matter, appearing for the appellant, was a criminal appeal that turned on procedure and the powers of the appellate court: it engaged rule 105 of the Rules of the Court of Appeal 1994, the procedure for appeal and the transmission of the appeal record under sections 307 and 308 of the Criminal Procedure Code, the powers of the Court of Appeal under section 60(1) of the Courts of Judicature Act 1964, and provisions of the Evidence Act 1950 concerning facts which are the occasion, cause or effect of facts in issue. A second matter, in the High Court and appearing for the plaintiff, was a striking-out application under Order 18 rule 19(1)(d) of the Rules of Court 2012 on the ground of abuse of the court's process through the duplicity or multiplicity of proceedings — the plaintiff having pursued parallel judicial review and writ actions with a substantial overlap of issues and relief — and engaged the choice between striking out and staying, the inherent jurisdiction, and a land-acquisition question about the lapse and vesting of an acquisition under section 8(4) of the Land Acquisition Act 1960 and the relevant Form D. A third matter, in the High Court and appearing for the appellant, was an employer's challenge to an Industrial Court award in favour of a dismissed workman, met by a preliminary objection that, because the workman's representations had been made before the amendment to section 33C of the Industrial Relations Act 1967 which took effect on 1 January 2021, the challenge had to proceed by way of judicial review under the saving and transitional provision in section 35, as if the principal Act had not been amended. Across the appearances the practice ranges over criminal appellate procedure, the control of duplicative litigation and the transitional law governing challenges to Industrial Court awards.