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
“[63] In this case, it is irrefutable that members of the investment committee are also members of the Board of Directors. These are the individuals who would consider any proposal that would have been put up before the investment committee. Failure to comply with this internal process does not automatically mean that the whole Board of Directors’ resolution is wrong or invalid. The fact that the plaintiff does not challenge the said resolution as being valid suggests that the failure to refer the matter to the investment committee does not mean that this court should impose any liability against the defendants.” - Mohd Arief J |
Week 1 Updates
1. Chuah Eng Chang @ Chuah Eng Chong v Paya Trubong Estate Sdn Bhd & Anor [2024] 12 MLJ 347 [HC]
Coram | AZIZAN MD ARSHAD JC |
Catchwords | Civil Procedure — Amendment — Statement of claim (‘SOC’) |
Outcome | Amendment application dismissed. |
Counsel Names |
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2. BSS Development Sdn Bhd v Warganet Sdn Bhd [2024] 12 MLJ 239 [HC]
Coram | SU TIANG JOO JC |
Catchwords | Civil Procedure — Contempt of court — Committal proceedings |
Outcome | Order accordingly. |
Counsel Names |
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3. Wee Choo Keong v Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM/MCMC) [2024] 12 MLJ 284 [HC]
Coram | AMARJEET SINGH J |
Catchwords | Civil Procedure — Discovery of documents — Application for discovery in judicial review proceedings |
Outcome | Application for discovery allowed. |
Counsel Names |
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4. Mohammad Sobri bin Saad v See Jovin & Ors [2024] 12 MLJ 301 [HC]
Coram | MOHD ARIEF J |
Catchwords | Civil Procedure — Discovery — Discovery of documents |
Outcome | Plaintiff’s application dismissed with costs. |
Counsel Names |
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5. Nicholas a/l Mazivanan v Public Prosecutor [2024] 12 MLJ 326 [HC]
Coram | MOSES SUSAYAN JC |
Catchwords | Criminal Procedure — Discharge not amounting to acquittal (‘DNAA’) — Whether trial court’s DNAA order was unjust |
Outcome | Appeal allowed, magistrate’s decision set aside and appellant granted DAA. |
Counsel Names |
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6. Tengku Reza Shah bin Tengku Chaidzir Shah v Bangsar Heights Pavilion Sdn Bhd [2024] 12 MLJ 267 [HC]
Coram | SHAMSULBAHRI IBRAHIM J |
Catchwords | Civil Procedure — Injunction — Mareva injunction |
Outcome | The court allowed Mareva injunctions order to remain; the defendant’s application to set aside order dismissed with costs. |
Counsel Names |
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Week 2 Updates
1. Public Prosecutor v Pathmarajah a/l Mylvaganam [2024] 12 MLJ 405 [HC]
Coram | MUNIANDY KANNYAPPAN J |
Catchwords | Criminal Procedure — Appeal — Appeal against acquittal |
Outcome | Appeal dismissed and trial court’s decision affirmed. |
Counsel Names |
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2. Teh Poh Hong & Anor v Kejuruteraan Hock Kheng Sdn Bhd [2024] 12 MLJ 375 [HC]
Coram | QUAY CHEW SOON J |
Catchwords | Contract — Agreement — Sale and purchase agreement (‘SPA’) |
Outcome | Plaintiff’s claim dismissed and defendant’s counterclaim allowed. |
Counsel Names |
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3. Amanah International Finance Sdn Bhd v Tan Sri Halim bin Saad and another suit [2024] 12 MLJ 479 [HC]
Coram | MOHD RADZI HARUN J |
Catchwords | Contract — Illegality — Banking facility |
Outcome | AIF’s claims in both the AIF-TSH and AIF-HP suits allowed and TSH’s counterclaim dismissed. |
Counsel Names |
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4. Chew Jian Yaw v Public Prosecutor [2024] 12 MLJ 465 [HC]
Coram | NOORIN BADARUDDIN J |
Catchwords | Criminal Procedure — Seizure of property under s 25(1) Dangerous Drugs (Forfeiture of Property) Act 1988 (‘Act’) — Application under s 32(2) of Act to release seized property |
Outcome | Appeal allowed; sessions court’s decision with regard to the impugned monies set aside; and the same ordered to be released to the appellant. |
Counsel Names |
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Coram | MOHD ARIEF J |
Catchwords | Companies and Corporations — Suit by company — Breach of fiduciary duties |
Outcome | Plaintiff’s claim allowed. |
Counsel Names |
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6. Sit Kim Hung Ronnie v Ian Michael Hampton & Anor [2024] 12 MLJ 433 [HC]
Coram | GAN TECHIONG JC |
Catchwords | Civil Procedure — Security for costs — Foreigners |
Outcome | Enclosure 36 dismissed. |
Counsel Names |
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7. Md Isa bin Bujang v PL Soon Huat Realty Shd Bhd & Ors [2024] 12 MLJ 568 [HC]
Coram | MAHAZAN MAT TAIB J |
Catchwords | Land Law — Malay reservations — Revocation of |
Outcome | Originating summons dismissed. |
Counsel Names |
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Coram | RAJA AHMAD MOHZANUDDIN SHAH JC |
Catchwords | Tort — Negligence — Hotel |
Outcome | Plaintiff’s claim allowed. |
Counsel Names |
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Week 3 Updates
1. Suruhanjaya Persaingan v Tribunal Rayuan Persaingan & Ors [2024] 12 MLJ 623 [HC]
Coram | AHMAD KAMAL J |
Catchwords | Administrative Law — Judicial review — Application for leave |
Outcome | Application dismissed. |
Counsel Names |
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2. Bond Holdings Sdn Bhd v Sycal Bhd & Anor [2024] 12 MLJ 711 [HC]
Coram | LEONG WAI HONG JC |
Catchwords | Contract — Agreement — Collaboration agreement |
Outcome | Order accordingly. |
Counsel Names |
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Coram | YUSRIN FAIDZ JC |
Catchwords | Contract — Breach — Damages |
Outcome | D1’s appeal allowed, registrar’s decision set aside and D1 awarded RM7,506,518.67 in damages with interest at 5%pa on the judgment sum from 6 June 2016 until realisation and RM30,000 costs. |
Counsel Names |
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4. Mah Sau Cheong v Wee Len @ Wai Shiang Liang [2024] 12 MLJ 671 [HC]
Coram | ROZ MAWAR JC |
Catchwords | Civil Procedure — Judgment — Foreign judgment |
Outcome | Application dismissed. |
Counsel Names |
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5. Ma Junxiang v Mayland Venue Sdn Bhd [2024] 12 MLJ 596 [HC]
Coram | SU TIANG JOO J |
Catchwords | Contract — Specific performance — Sale and purchase agreement |
Outcome | The two suits dismissed with costs of RM40,000 subject to allocatur per suit to be paid by plaintiff to defendant in each suit. |
Counsel Names |
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6. Ber Abu Hanipah bin Malek [2024] 12 MLJ 652 [HC]
Coram | ROSLAN MAT NOR H |
Catchwords | Keterangan — Anggapan — Kematian |
Outcome | Perintah sewajarnya. |
Counsel Names |
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Week 4 Updates
Coram | AMARJEET SINGH J |
Catchwords | Civil Procedure — Judicial review — Application for |
Outcome | Judicial review application allowed. |
Counsel Names |
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Coram | LIM HOCK LENG J |
Catchwords | Companies and Corporations — Liquidator — Remuneration |
Outcome | Order in terms of encl 49 was granted |
Counsel Names |
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3. Tanabal Naidu a/l Murugayan v Thoo Chee Wah [2024] 12 MLJ 819 [HC]
Coram | KENNETH ST JAMES JC |
Catchwords | Civil Procedure — Summary application — Disposal of case on point of law |
Outcome | Appeal allowed. |
Counsel Names |
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4. Malayan Banking Bhd v Ong Chin Yet [2024] 12 MLJ 776 [HC]
Coram | JAMHIRAH ALI JC |
Catchwords | Civil Procedure — Setting aside — Order for sale |
Outcome | Application dismissed. |
Counsel Names |
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5. MBSB Bank Bhd v Erakemas Sdn Bhd [2024] 12 MLJ 766 [HC]
Coram | KENNETH ST JAMES JC |
Catchwords | Companies and Corporations — Winding up — Petition |
Outcome | Application to stay winding up petition dismissed; and winding up petition allowed |
Counsel Names |
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6. Semantan Estate (1952) Sdn Bhd v The Registrar of Titles [2024] 12 MLJ 807 [HC]
Coram | AHMAD SHAHRIR J |
Catchwords | Land Law — Registrar of Titles (‘RT’) — National Land Code (‘NLC’), s 417 |
Outcome | Plaintiff’s application allowed. |
Counsel Names |
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Coram | MOHD FIRUZ J |
Catchwords | Tort — Negligence — Damages |
Outcome | Plaintiff’s claim allowed in part and defendant’s third-party claim dismissed. |
Counsel Names |
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