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
“What, then, is unconscionable? As a guide to the added exception of unconscionability, the Federal Court affirmed and applied the test applied in Focal Asia Sdn Bhd & Anor v Raja Noraini bt Raja Datuk Nong Chik & Anor [2009] MLJU 1688; [2009] 1 LNS 913, which is the ‘seriously arguable and realistic inference’ test. In delivering the judgment in Focal Asia, Mohamad Ariff J (later JCA) held that a demand guarantee or performance bond, which is unconditional, has first and foremost to be treated as subject to the well-established principle of autonomy of the document, which must be kept separate from the underlying contract. The rule on payment upon a call is strict, subject only to the clear fraud exception. In short, the issuing bank has to pay if the call on the document is not fraudulent or is not based on a forged document.” - Wan Ahmad Farid J Panzana Enterprise Sdn Bhd v Turnpike Synergy Sdn Bhd and another appeal [2024] 6 MLJ 312 at para 31 |
Week 1 Updates
1. Telekom Malaysia Bhd v Obnet Sdn Bhd [2024] 6 MLJ 293 [FC]
Coram | ABDUL RAHMAN SEBLI CJ (SABAH AND SARAWAK), HASNAH HASHIM AND ABDUL KARIM FCJJ |
Catchwords | Arbitration — Award — Validity |
Outcome | Order accordingly. |
Counsel Names |
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2. Panzana Enterprise Sdn Bhd v Turnpike Synergy Sdn Bhd and another appeal [2024] 6 MLJ 312 [CA]
Coram | LEE SWEE SENG, AZIMAH OMAR JJCA AND WAN AHMAD FARID J |
Catchwords | Banking — Performance bond/Bank guarantee (‘BG’) — Whether beneficiary’s call on BG was unconscionable |
Outcome | Appeals allowed, High Court’s order set aside. |
Counsel Names |
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3. Kathryn Ma Wai Fong v Wong Kie Chie & Anor and other appeals [2024] 6 MLJ 276 [CA]
Coram | RAVINTHRAN, CHE MOHD RUZIMA AND MOHAMED ZAINI MAZLAN JJCA |
Catchwords | Companies and Corporations — Shares — Issue of shares |
Outcome | Appeals 42, 39 and 43 allowed; High Court’s decisions including costs set aside; costs of RM30,000 for each appeal here and below subject to allocatur awarded to appellant; any costs paid at High Court refunded to appellant. |
Counsel Names |
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4. Public Prosecutor v Muhammad Khairuanuar bin Baharuddin and another appeal [2024] 6 MLJ 397 [FC]
Coram | HARMINDAR SINGH, NORDIN HASSAN AND HANIPAH FARIKULLAH FCJJ |
Catchwords | Criminal Law — Murder — Whether ingredients of charge proven |
Outcome | Prosecution’s appeal allowed, accused’s appeal dismissed, Court of Appeal’s decision set aside and High Court’s decision restored. |
Counsel Names |
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5. Public Prosecutor v Trans-Coastal Sdn Bhd and another appeal [2024] 6 MLJ 257 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMAN ABDULLAH AND AZMI ARIFFIN JJCA |
Catchwords | Customs and Excise — Declaration — Incorrect declaration |
Outcome | Appeal 180 dismissed; Appeal 231 allowed; conviction and fine imposed on TCSB set aside; and fine paid by TCSB ordered to be refunded. |
Counsel Names |
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6. National Feedlot Corp Sdn Bhd & Ors v Public Bank Bhd [2024] 6 MLJ 326 [CA]
Coram | AZIZAH NAWAWI, RAVINTHRAN AND NANTHA BALAN JJCA |
Catchwords | Tort — Breach of confidence — Disclosure of confidential information |
Outcome | Order accordingly. |
Counsel Names |
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Week 2 Updates
1. Si Soo Hong (administrator of estate of Si Ching Boon (deceased)) v Si Hock Seng & Ors [2024] 6 MLJ 421 [CA]
Coram | KAMALUDIN MD SAID, SEE MEE CHUN AND HASHIM HAMZAH JJCA |
Catchwords | Contract — Agreement — Agreement for equal share in lands |
Outcome | Appeal allowed, High Court’s decision set aside. |
Counsel Names |
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Coram | SUPANG LIAN, COLLIN SEQUERAH JJCA AND FAIZAH JAMALUDIN J |
Catchwords | Civil Procedure — Intervener — Right to intervene |
Outcome | PGB’s intervener application allowed; and both the instant appeal and the SDPPSB appeal to be heard together by the same Court of Appeal panel. |
Counsel Names |
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Coram | KAMALUDIN MD SAID, HASHIM HAMZAH AND WONG KIAN KHEONG JJCA |
Catchwords | Civil Procedure — Judgment — Written judgment |
Outcome | Appeal allowed; OS dismissed; High Court’s decision set aside with costs of RM20,000 to be paid by plaintiff to defendants here and below (subject to allocatur fee). |
Counsel Names |
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4. Mahahdir bin Siron v Public Prosecutor [2024] 6 MLJ 499 [CA]
Coram | VAZEER ALAM, AHMAD ZAIDI AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Procedure — Revision — Conviction on plea of guilt |
Outcome | Appeal dismissed; conviction and sentence affirmed. |
Counsel Names |
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5. Sabah Development Bank Bhd v TYL Land & Development Sdn Bhd [2024] 6 MLJ 433 [CA]
Coram | VAZEER ALAM, AHMAD ZAIDI AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Procedure — Revision — Conviction on plea of guilt |
Outcome | Appeal dismissed; conviction and sentence affirmed. |
Counsel Names |
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6.Pemungut Duti Setem Malaysia v Perbadanan Pembangunan Pulau Pinang [2024] 6 MLJ 478 [CA]
Coram | AZIZAH NAWAWI, NANTHA BALAN AND GUNALAN MUNIANDY JJCA |
Catchwords | Revenue Law — Stamp duty — Remission order |
Outcome | Appeal allowed. |
Counsel Names |
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Week 3 Updates
1. Gise Kam Kwan International Trade Ltd v Antara Steel Mills Sdn Bhd [2024] 6 MLJ 662 [CA]
Coram | LEE SWEE SENG, SUPANG LIAN AND AZHAHARI KAMAL JJCA |
Catchwords | Arbitration — Arbitration clause — Incorporation of arbitration clause |
Outcome | Appeal allowed, High Court order set aside and matter remitted back to High Court for hearing and case management. |
Counsel Names |
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2. Shahrul Pitri bin Jusoh v Public Prosecutor and other appeals [2024] 6 MLJ 621 [CA]
Coram | VAZEER ALAM, COLLIN SEQUERAH AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against conviction and sentence |
Outcome | Conviction upheld; appeal against conviction and sentence dismissed. |
Counsel Names |
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3. Target Term Sdn Bhd v Waldorf and Windsor Management Corp and another appeal [2024] 6 MLJ 598 [CA]
Coram | RAVINTHRAN, CHE MOHD RUZIMA AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Land Law — Strata title — Accessory parcel |
Outcome | Order accordingly. |
Counsel Names |
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4. Chui Kah Fai lwn Pendakwa Raya [2024] 6 MLJ 689 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMAN ABDULLAH DAN AZMI ARIFFIN HHMR |
Catchwords | Prosedur Jenayah — Rayuan — Rayuan terhadap sabitan dan hukuman |
Outcome | Rayuan terhadap sabitan ditolak, hukuman gantung digantikan dengan pemenjaraan. |
Counsel Names |
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Coram | MARIANA YAHYA, SEE MEE CHUN JJCA AND FAIZAH JAMALUDIN HCJ |
Catchwords | Tort — Negligence — Medical negligence |
Outcome | Order accordingly. |
Counsel Names |
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Coram | RAVINTHRAN, CHE MOHD RUZIMA AND AZMI ARIFFIN JJCA |
Catchwords | Tort — Negligence — Road accident |
Outcome | Appeal on liability dismissed; and appeal on quantum allowed partially. |
Counsel Names |
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Coram | AZIZAH NAWAWI, NANTHA BALAN AND GUNALAN MUNIANDY JJCA |
Catchwords | Revenue Law — Stamp duty — Remission order |
Outcome | Appeal allowed. |
Counsel Names |
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Week 4 Updates
1. Encorp Iskandar Development Sdn Bhd v Konsortium Ipmines Merz Sdn Bhd [2024] 6 MLJ 821 [CA]
Coram | KAMALUDIN MD SAID, CHE MOHD RUZIMA AND AHMAD ZAIDI IBRAHIM JJCA |
Catchwords | Building and Construction Law — Adjudication — Adjudication decision (‘AD’) |
Outcome | Appeals allowed. |
Counsel Names |
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2. Robin Radjaini Saih @ Amjan Patta v Public Prosecutor [2024] 6 MLJ 773 [CA]
Coram | SUPANG LIAN, COLLIN SEQUERAH AND WONG KIAN KHEONG JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against sentence |
Outcome | Appeal dismissed. |
Counsel Names |
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3. Public Prosecutor v Muhamad Syukri bin Ishak & Ors [2024] 6 MLJ 741 [CA]
Coram | RAVINTHRAN, AHMAD ZAIDI IBRAHIM JJCA AND NOORIN BADARUDDIN HCJ |
Catchwords | Criminal Procedure — Evidence — Proof by written statement |
Outcome | Public prosecutor’s appeal allowed. |
Counsel Names |
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Coram | CHE MOHD RUZIMA, AHMAD ZAIDI IBRAHIM AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Civil Procedure — Injunction — Injunction to restrain |
Outcome | Appeal Nos 857 and 858 dismissed with costs of RM10,000 for each appeal; Appeal No 859 allowed in part with costs of RM10,000. |
Counsel Names |
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5. LFL Sdn Bhd v Jabatan Peguam Negara and another appeal [2024] 6 MLJ 806 [CA]
Coram | YAACOB MD SAM, VAZEER ALAM AND MOHD NAZLAN JJCA |
Catchwords | Civil Procedure — Jurisdiction — Immunity of foreign sovereign |
Outcome | Appeals allowed. |
Counsel Names |
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Coram | RAVINTHRAN, AZIMAH OMAR AND LIM CHONG FONG JJCA |
Catchwords | Constitutional Law — Judges — Remuneration |
Outcome | Appeal dismissed and cross-appeal allowed. |
Counsel Names |
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7. Geo Win Sdn Bhd v CC Land Resources Sdn Bhd & Anor [2024] 6 MLJ 756 [CA]
Coram | SUPANG LIAN, AZIMAH OMAR JJCA AND WAN AHMAD FARID WAN SALLEH HCJ |
Catchwords | Contract — Letter of undertaking — Breach of |
Outcome | Appeal dismissed. |
Counsel Names |
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