STUDENT ID NO.

MULTIMEDIA UNIVERSITY

FINAL EXAMINATION
TRIMESTER 3, 2020/2021

UCN2612 – CONFLICT OF LAWS

(All Sections / Groups)

14 JUNE 2021
Reading Time: 9.15 a.m. – 9.30 a.m.
(15 minutes)
Answering Time: 9.30 a.m. – 12.30 p.m.
(3 hours)

INSTRUCTIONS TO STUDENT

1. Students will have fifteen minutes during which they may read the paper and make rough
notes ONLY in their question paper. Students then have the remaining THREE HOURS
in which to answer the questions.

2. This question paper consists of TWO pages with FIVE Questions only.

3. Answer ALL questions in PART A and ONE (1) question in PART B. All questions carry
equal marks and the distribution of the marks for each question is given.

4. Students are allowed to bring in CLEAN and ORIGINAL copies of the following statute(s)
into the Examination Hall:

(i) Reciprocal Enforcement of Judgments Act 1958

“Clean” is defined to include no tagging, no annotation either by the publisher or anyone
else, and no erased marking. Highlighting and underlining are also prohibited.

5. Please write all your answers in the Answer Booklet provided.

UCN2612 CONFLICT OF LAWS 14 JUNE 2021

PART A:
ANSWER ALL THE QUESTIONS

QUESTION 1

Charles and Karen were married in 1987 and originally domiciled in India. They have two
children, named Connie and Kenson who were respectively born in 1991 and 1994. The family
migrated to Australia in 1999.

Nick was born in 1989 to parents who were domiciled in Hong Kong. He attended a law school
in Melbourne and worked as a solicitor there. He knew Connie through a common friend and
they became a couple very quickly. In 2014, they got married in Melbourne. Unfortunately, the
marriage soon ended and they were divorced in June 2017. Connie was then pregnant.

In August 2017, Connie flew to London to stay with Kenson. Few months later, she gave birth
to her son, Sean there. After spending about a year in the United Kingdom, Connie decided to
leave for Canada and Sean was left with Kenson. Connie had been living in Canada but
possessed no valid immigration permit after her visa expired.

Determine the changes of domiciles of all parties involved.

(Total: 25 marks)

QUESTION 2

While laws shall remain certain, they are not meant to be obsolete. Purposeful and functioning
laws shall develop according to the progress of the society they aim to regulate. This explains
one of the functions of the Parliament, i.e. to enact laws as a response to societal need.

However, the Malaysian Conflict of Laws rules seem to have been neglected in the law reforms
process. Although our commonwealth counterparts have substantially amended many of their
Conflict of Laws rules, we are still applying the old positions.

Which areas of the Malaysian Conflict of Laws rules do you think shall undergo reform?
Support your discussion with relevant authorities, if any.
(Total: 25 marks)

Continued...

LJC/MAEC 1/2
UCN2612 CONFLICT OF LAWS 14 JUNE 2021

QUESTION 3

Consider the possible consequences of a child being regarded as legitimate in one jurisdiction
but not in another.
Discuss with reference to case law.
(Total: 25 marks)

PART B:
ANSWER ANY ONE (1) QUESTION ONLY

QUESTION 4A

With reference to cases discuss the “closest connection at common law” test and the factors
that courts take into account to determine the choice of law in a situation where the parties
have not made an express choice in relation to the contract as a whole, or to any part of it.

(Total: 25 marks)

QUESTION 4B

B, is from England. While on a visit to Malaysia he negligently drives his car and collides into
A and injures him. B then goes back to England.

Since B is a foreigner and is out of the territorial jurisdiction of Malaysia analyse the rules to
be applied to decide on the choice of law for the commencement of legal action by A to
determine B’s tortious liability. Your answer must be supported by relevant case law.

(Total: 25 marks)

End of Page.

LJC/MAEC 2/2