Dissenting opinion: The voice of the future

This article deals with the legal point of view of the dissenting opinion with reference to the recent Federal Court's split 3-2 ruling in Majlis Agama Islam Wilayah Persekutuan & Anor v Victoria Jayaseele Martin. The dissenting opinion which had subsequently changed the legal doctrine or p...

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Bibliographic Details
Main Author: Ali Mohamed, Ashgar Ali
Format: Article
Language:English
Published: LexisNexis 2016
Subjects:
Online Access:http://irep.iium.edu.my/52653/
http://irep.iium.edu.my/52653/7/52653-new.pdf
Description
Summary:This article deals with the legal point of view of the dissenting opinion with reference to the recent Federal Court's split 3-2 ruling in Majlis Agama Islam Wilayah Persekutuan & Anor v Victoria Jayaseele Martin. The dissenting opinion which had subsequently changed the legal doctrine or position is discussed with reference to the New Zealand Court of Appeal's decision in Brighouse Ltd v Bilderbeck. The minority decision in Brighouse Ltd's case was followed in Aoraki Corporation Ltd v McGavin, a decision of the Court of Appeal comprising a panel of seven judges.