Supreme Court Opinions |
THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi
The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.
SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse
The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.
The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.
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Samak Cabinet’s Resolution on Preah Vihear Temple Annulled
31 December 2009
Samak’s Cabinet resolution of 17 June 2008 that endorsed Cambodia’s unilateral application to name Preah Vihear Temple as a UN World Heritage Site has been annulled by the Central Administrative Court, media reports suggested.
The court ruled that the joint communiqué between Thailand and Cambodia that was proposed by then Thai foreign minister Noppadon Pattama violated Article 190 of the Constitution as a result of having no previous approval from parliament, nor any public hearing as required by law.
Noppadon had been authorized through the Cabinet’s resolution to sign an MOU regarding claims to the area around the temple.
The resolution of 17 June had come under the spotlight after members of the People’s Alliance for Democracy petitioned the court to suspend the resolution, resulting in the recent ruling.
The Foreign Ministry has 30 days to appeal the court’s decision. |
HIA and EIA Regulations Finalized
31 December 2009
Projects in the Map Ta Phut industrial complex will now be able to complete health-impact assessments (HIA) and environment-impact assessments as the final draft of HIA, EIA and public-hearing ministerial guidelines have been approved by the Natural Resources and Environment Ministry, local media outlets reported.
The regulations are in line with Article 67 of the Constitution that requires any project or activity that may significantly impact the health or environment of surrounding communities to undergo HIA and EIAs.
Projects in the Map Ta Phut industrial estate were suspended earlier in the year as a result of a court ruling that upheld Article 67 of the Constitution. Projects that intend to continue their operations must submit HIA and EIA reports. |
EIA Regulations Come into Effect
29 December 2009
The Natural Resources and Environment Ministry has announced that the Environmental Impact Assessment (EIA) regulations have come into effect as of 29 December, according to a notice released by their office. These regulations specify which types of projects require the completion of an EIA report prior to their inception.
The regulations require that EIA reports are completed by an licensed environmental expert for certain types of projects such as: hotels/condominiums with 80 or more rooms or usable area of 4, 000 square meters; buildings that are 23 meters or taller or has an area of 10, 000 square meters or more; ports with the capacity of vessels over 500 tones; quay length of 100 square meters or more; or port area of 1, 000 square meters or more; marinas with the capacity of 50 or more vessels or 1, 000 square meters or more; alcohol or liquor production plants with the capacity of 40, 000 liters per month; and wine or beer producers with the capacity of 600, 000 liters per month.
The EIA regulations were published on 30 August, 2009. |
Changes Planned for Foreign Business Act
28 December 2009
The Commerce Ministry has developed a set of proposed amendments to be made to the Foreign Business Act (FBA).
Among the proposed changes is a liberalization of what types of businesses foreigners are permitted to engage in, restricting the voting rights of foreign shareholders and requiring all new retail and wholesale businesses to be approved by the ministry.
Proposed types of businesses to be liberalized that are currently restricted under Annex III of the FBA include tour guide operators, trading in agricultural futures, stock trading, derivatives trading, commercial banking, insurance and assurance, pawnshop operators, warehousing, schools and credit fanciers.
The changes are intended to “create clear regulations for controlling each type of business. It should make the environment friendlier for foreign investors and streamline business regulations,” a Commerce Industry spokesperson was quoted as saying.
The proposed amendments are intended to only apply to new foreign-owned businesses.
The proposal also suggests that an agency should be created in order to monitor the regulations in the FBA and that there should be more authority given to the Business Development Department to investigate the activities of foreign-owned businesses. |
Court Orders Bumrungrad, Doctors to Pay Over Disabled Baby
26 December 2009
Bumrungrad Hospital and two of its doctors have been ordered to collectively pay Bt12 million baht in compensation to the mother of a three-year old son that was born with multiple disabilities, according to recent reports.
Prapapron sae Jeung, 36 filed the lawsuit with her son on the basis that the hospital failed to inform her of foetal abnormalities that should have been detected. After reviewing ultrasounds that were conducted during the fourth month of pregnancy, the doctors told Jeung that her baby was fine. Yet her baby was born without legs and a deformed arm.
The doctors testified that the ultrasound did not show any abnormalities yet the court found both doctors negligent. Bumrungrad Hospital was implicated as its role as a service provider.
The court ordered the three defendants to pay Bt12 million instead of the Bt 390 million that was stated in lawsuit because the court found no criminal intent. |
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