The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Week 1 Updates 1. Hanifah bt Hamzah & Ors v Sykt Utusan...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Week 1 Updates 1. Josephine Premila Sivaretnam v Ketua...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month "[71] The appellant was...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “[46] To reach a well-informed...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+ ® Malaysia . Quote of the Month “What, then, is unconscionable...
The Malayan Law Journal Alerts is a complimentary blog series that brings the most recently published case reports powered by Lexis+® Malaysia.
Quote of the Month
“Every person has a different quality and character. Some will take longer time and some will take shorter time to change. Some will never change, like a leopard cannot change its spots. Perhaps Parliament had this in mind and in its wisdom did not impose any specific time frame when a disbarred member may apply to restore his name to the Roll of Advocates and Solicitors. The burden lies with the applicant to satisfy he has changed, and it is for the court to decide if it is fair and reasonable to restore his name to the Roll of Advocates and Solicitors. It is important for the court to evaluate the facts before it in order to determine the question whether the character of the respondent has truly changed.” - Choo Kah Sing JCA Majlis Peguam Malaysia v Murali Achan a/l PE Achan [2024] 2 MLJ 456 at para 36 |
Week 3 Updates
Coram | LEE SWEE SENG, CHE MOHD RUZIMA AND CHOO KAH SING JJCA |
Catchwords | Arbitration — Stay of proceedings — Steps taken in proceedings |
Outcome | Appeal allowed, High Court’s decision set aside and proceedings ordered to be stayed pending reference of the dispute between parties to arbitration. |
Counsel Names |
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2. Anas Construction Sdn Bhd v JKP Sdn Bhd and another appeal [2024] 2 MLJ 543 [FC]
Coram | ABDUL RAHMAN SEBLI CJ (SABAH AND SARAWAK), MARY LIM AND NORDIN HASSAN FCJJ |
Catchwords | Building and Construction Law — Adjudication — Construction Industry Payment and Adjudication Act 2012 (‘CIPAA’) |
Outcome | Appeals dismissed. |
Counsel Names |
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Coram | AZIZUL AZMI ADNAN, SUPANG LIAN AND GUNALAN MUNIANDY JJCA |
Catchwords | Civil Procedure — Disposal of — Disposal of case on point of law Constitutional Law — Legality and constitutionality — Vernacular school system |
Outcome | Appeal 458 allowed and other appeals dismissed. |
Counsel Names |
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4. Md Masud Rana v Public Prosecutor [2024] 2 MLJ 447 [CA]
Coram | VAZEER ALAM MYDIN, HASHIM HAMZAH AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Law — Appeal — Appeal against sentence |
Outcome | Ordered accordingly. |
Counsel Names |
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5. Mohd Hafiz bin Mohamad v Public Prosecutor [2024] 2 MLJ 441 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMAN ABDULLAH AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against sentence |
Outcome | Appeal allowed and death sentence by hanging set aside. |
Counsel Names |
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Coram | NANTHA BALAN, AZIMAH OMAR AND CHOO KAH SING JJCA |
Catchwords | Customs and Excise — Sales Tax — Exemption |
Outcome | Appeal and judicial review application allowed; High Court’s decision set aside. |
Counsel Names |
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7. RHB Bank Bhd v Tan Leong Huat [2024] 2 MLJ 408 [CA]
Coram | HANIPAH FARIKULLAH, LEE SWEE SENG AND SEE MEE CHUN JJCA |
Catchwords | Labour Law — Constructive dismissal — Test to be applied |
Outcome | Appeal allowed and High Court’s decision set aside. |
Counsel Names |
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8. Majlis Peguam Malaysia v Murali Achan a/l PE Achan [2024] 2 MLJ 456 [CA]
Coram | KAMALUDIN MD SAID, HASHIM HAMZAH AND CHOO KAH SING JJCA |
Catchwords | Legal Profession — Professional discipline — Restoration of name to Roll of Advocates and Solicitors (‘Roll’) |
Outcome | Appeal dismissed with no order as to costs. |
Counsel Names |
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Coram | ABDUL KARIM, CHE MOHD RUZIMA AND SEE MEE CHUN JJCA |
Catchwords | Revenue Law — Income tax — Appeal against assessment |
Outcome | DGIR’s appeal allowed; judgment of High Court and decision of SCIT set aside with cost of RM20,000 here and below to be awarded to DGIR subject to allocator. |
Counsel Names |
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10. Ketua Pengarah Hasil Dalam Negeri Malaysia v Ehsan Armada Sdn Bhd [2024] 2 MLJ 494 [CA]
Coram | SUPANG LIAN, AZIMAH OMAR AND AZHAHARI KAMAL RAMLI JJCA |
Catchwords | Revenue Law — Income tax — Capital versus income |
Outcome | Appeal allowed, HC’s decision set aside and SCIT’s decision affirmed and reinstated. |
Counsel Names |
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11. Azinal Sdn Bhd v Jannath Gani & Ors and other appeals [2024] 2 MLJ 526 [CA]
Coram | KAMALUDDIN SAID, SUPANG LIAN AND AZIMAH OMAR JJCA |
Catchwords | Statutory Interpretation — Amending Act — Whether had prospective or retrospective effect |
Outcome | Preliminary objection allowed. |
Counsel Names |
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12. Mejar Huzairein bin Hj Yacob & Ors v Staf Sarjan Nur Aizam bin Hamali [2024] 2 MLJ 430 [CA]
Coram | AZIZAH NAWAWI, CHE MOHD RUZIMA AND AZMI ARIFFIN JJCA |
Catchwords | Tort — False imprisonment — Arrest |
Outcome | Appeal allowed; JC’s decision set aside with costs of RM10,000 here and below. |
Counsel Names |
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Week 4 Updates
1. Tetap Tiara Sdn Bhd v Pengurusan Perbadanan Jaya One & Ors and other appeals [2024] 2 MLJ 853 [CA]
Coram | VAZEER ALAM, GUNALAN MUNIANDY AND MARIANA YAHYA JJCA |
Catchwords | Civil Procedure — Injunction — Application for |
Outcome | Appeals allowed; decision of High Court set aside. |
Counsel Names |
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2. Looi Li Fong v Sew Hup Hoe and another appeal [2024] 2 MLJ 755 [CA]
Coram | VAZEER ALAM, MARIANA YAHYA AND WONG KIAN KHEONG JJCA |
Catchwords | Civil Procedure — Striking out — Application for Land Law — Indefeasibility of title and interest — Transfer of property |
Outcome | Ordered accordingly. |
Counsel Names |
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3. Leopad Holdings Sdn Bhd v Asian Shield Warehousing Sdn Bhd (in liquidation) [2024] 2 MLJ 801 [CA]
Coram | RAVINTHRAN, HASHIM HAMZAH AND LIM CHONG FONG JJCA |
Catchwords | Companies and Corporations — Members’ rights — Locus standi Contract — Sale and purchase of property — Termination |
Outcome | Appeal allowed in part. |
Counsel Names |
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4. Seyedmohsen Namazivaj Seyedreza v Public Prosecutor and other appeals [2024] 2 MLJ 950 [CA]
Coram | HADHARIAH SYED ISMAIL, AHMAD ZAIDI IBRAHIM AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Procedure — Trafficking in dangerous drugs — ‘Manufacturing’ as act of trafficking |
Outcome | Appeals dismissed. |
Counsel Names |
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5. Ketua Pengarah Kastam v Metrogold Commercial Sdn Bhd [2024] 2 MLJ 918 [CA]
Coram | NANTHA BALAN, MOHD NAZLAN AND CHOO KAH SING JJCA |
Catchwords | Customs and Excise — Goods and Services Tax (‘GST’) — Input Tax Credit (‘ITC’) |
Outcome | Appeal dismissed and High Court’s decision affirmed. |
Counsel Names |
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6. Peninsular Home Sdn Bhd v Ko Lim Tristar Sdn Bhd [2024] 2 MLJ 623 [CA]
Coram | LEE SWEE SENG, MARIANA YAHYA AND SEE MEE CHUN JJCA |
Catchwords | Damages — Assessment — Appeal against assessment |
Outcome | Appeal allowed in part. |
Counsel Names |
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7. RHB Bank Bhd v PLB Land Sdn Bhd [2024] 2 MLJ 782 [CA]
Coram | YAACOB SAM, GUNALAN MUNIANDY AND AZIMAH OMAR JJCA |
Catchwords | Land Law — Rights and title — Recovery of |
Outcome | Appeal dismissed with costs. |
Counsel Names |
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8. Neelamegan a/l Kumar dan lain-lain lwn Pendakwa Raya [2024] 2 MLJ 876 [MR]
Coram | VAZEER ALAM, AZMAN ABDULLAH DAN AZMI ARIFFIN HHMR |
Catchwords | Prosedur Jenayah — Rayuan — Rayuan terhadap sabitan dan hukuman |
Outcome | Rayuan dibenarkan. |
Counsel Names |
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9. Tenaga Nasional Bhd v Big Man Management Sdn Bhd [2024] 2 MLJ 652 [CA]
Coram | ABDUL KARIM, NANTHA BALAN AND MOHAMED ZAINI JJCA |
Catchwords | Public Utilities — Electricity — Disconnection of electricity supply Tort — Defamation — Defamatory words |
Outcome | TNB’s appeal allowed; High Court’s judgment set aside with costs of RM80,000 (subject to allocator) as costs here and below to be paid by consumer to TNB. |
Counsel Names |
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10.International Naturopathic Bio-Tech (M) Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri [2024] 2 MLJ 706 [CA]
Coram | NANTHA BALAN, MOHD NAZLAN AND CHOO KAH SING JJCA |
Catchwords | Revenue Law — Income tax — Assessment |
Outcome | Appeal dismissed. |
Counsel Names |
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11. Sakinah bt Mustapha dan lain-lain lwn Pendakwa Raya dan lain-lain rayuan [2024] 2 MLJ 641 [MR]
Coram | HADHARIAH SYED ISMAIL, AZMAN ABDULLAH DAN AZMI ARIFFIN HHMR |
Catchwords | Undang-Undang Jenayah — Pengubahan wang haram — Pelucuthakkan harta |
Outcome | Perintah sewajarnya. |
Counsel Names |
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