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
“In a trust for conversion, the beneficiary is entitled under the trust not to the assets comprised in the trust itself, but to the proceeds of the sale of such assets, after deducting the liabilities of the estate. Where a legatee is beneficially entitled to the residuary in an estate, the law imputes the existence of a trust for conversion. Because the legatee is said not to possess an interest in the properties under the trust but rather to the proceeds of sale of such properties, he cannot therefore possess or maintain a caveatable interest over such properties. Similar principles apply to beneficiaries under an intestacy. The beneficiaries under an intestacy have a right to require distribution to be effected in accordance to s 6(1) of the Distribution Act 1958 and to the future proceeds of sale of the properties comprised in the estate, but they do not have any rights, title or interest in the specific properties themselves. It would not be inaccurate to describe the right of a beneficiary under an intestacy as a chose in action, for it is a right that may be enforced by an action commenced in court (it is quite wrong to limit choses in action to rights accruing in contract only, as alluded to by counsel for the appellant). Perhaps a better way to describe the rights of a beneficiary under an intestacy is that these are rights arising under a statutory trust for conversion, because such a phrase describes the genesis of such rights.” - Azizul Azmi Adnan JCA Faustina Anne Sta Maria v Mary Patricia De Cruz [2024] 1 MLJ 741 at 23-24 |
Week 1 Updates
1. Suzannah Helen Harvey & Anor v Langkawi Yacht Club Bhd [2024] 7 MLJ 385 [HC]
Coram | ATAN MUSTAFFA J |
Catchwords | Contract — Breach — Action for damages Sale of Goods — Goods sold and delivered — Fitness for purpose Tort — Negligence — Breach of duty |
Outcome | Plaintiffs’ claim allowed with costs of RM100,000 to plaintiffs subject to allocator fees. |
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2. Public Prosecutor v Umapathi a/l Ganesan [2024] 7 MLJ 345 [HC]
Coram | MOHD RADZI ABDUL HAMID J |
Catchwords | Criminal Law — Dangerous drugs — Trafficking |
Outcome | Accused sentenced to life imprisonment and 15 strokes of whipping for trafficking offence. |
Counsel Names |
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3. PKR v KDS [2024] 7 MLJ 375 [HC]
Coram | EVROL MARIETTE PETERS J |
Catchwords | Family Law — Divorce — Irretrievable breakdown of marriage |
Outcome | Petition allowed. |
Counsel Names |
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4. SGV Builders Sdn Bhd v Kiranjit Randhawa & Co and other applications [2024] 7 MLJ 362 [HC]
Coram | SHAHNAZ SULAIMAN J |
Catchwords | Legal Profession — Remuneration — Bill of costs |
Outcome | Originating summons dismissed. |
Counsel Names |
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Coram | AMARJEET SINGH J |
Catchwords | Revenue Law — Real property gains tax — Assessment Statutory Interpretation — Retrospective operation — Taxing statute |
Outcome | Appeals dismissed. |
Counsel Names |
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Week 2 Updates
1. Md Shahidul Islam v Ketua Pengarah Jabatan Imigresen Malaysia & Ors [2024] 7 MLJ 546 [HC]
Coram | AHMAD KAMAL J |
Catchwords | Administrative Law — Judicial review — Application for Immigration — Admission into and departure from Malaysia — Director General’s power to prohibit entry, or cancel any pass or permit |
Outcome | Enclosure 14 dismissed with costs of RM2,500 without allocator fee. |
Counsel Names |
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2. Sabah Law Society v The Government of the Federation of Malaysia & Anor [2024] 7 MLJ 537 [HC]
Coram | ISMAIL BRAHIM J |
Catchwords | Administrative Law — Judicial review — Leave application under O 53 of the Rules of Court |
Outcome | Application for leave to commence judicial review application allowed. |
Counsel Names |
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3. Lembaga Kumpulan Wang Simpanan Pekerja v Mohd Abdul Karim bin Abdullah & Ors [2024] 7 MLJ 566 [HC]
Coram | ROZI BAINON JC |
Catchwords | Civil Procedure — Summary judgment — Application for |
Outcome | Application for summary judgment allowed with costs. |
Counsel Names |
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4. Ho Chung Meng v ASP Che Intan bt Subri & Ors [2024] 7 MLJ 500 [HC]
Coram | EVAWANI FARISYTA JC |
Catchwords | Criminal Procedure — Habeas corpus — Application for |
Outcome | Application dismissed. |
Counsel Names |
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5. Adam Lee Shiong Lim v Mahkamah Rayuan Syariah Wilayah Persekutuan & Ors [2024] 7 MLJ 588 [HC]
Coram | WAN AHMAD FARID J |
Catchwords | Islamic Law — Renunciation of Islam — Jurisdiction of Syariah Court |
Outcome | Judicial review application dismissed. |
Counsel Names |
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Week 3 Updates
Coram | ALIZA SULAIMAN J |
Catchwords | Arbitration — Award — Setting aside Civil Procedure — Judgments and orders — Setting aside |
Outcome | Applications dismissed. |
Counsel Names |
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Coram | ROZ MAWAR JC |
Catchwords | Civil Procedure — Striking out — Action |
Outcome | Application to strike out plaintiff’s suit allowed. |
Counsel Names |
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3. Foh Chong & Sons Sdn Bhd & Anor v Pentadbir Tanah Daerah Johor Bahru [2024] 7 MLJ 678 [HC]
Coram | NOOR HISHAM ISMAIL JC |
Catchwords | Land Law — Acquisition of land — Smaller area of land acquired than what was originally stated in statutory notice of acquisition |
Outcome | Judicial review application dismissed. |
Counsel Names |
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Coram | LEONG WAI HONG JC |
Catchwords | Landlord and Tenant — Distress — Writ of distress |
Outcome | Appeal allowed with costs to be paid by respondents amounting to RM10,000 here and below subject to allocatur; order of sessions court set aside. |
Counsel Names |
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5. Peak Sunrise Development Sdn Bhd v Koo Tuk Su & Ors [2024] 7 MLJ 668 [HC]
Coram | CHRISTOPHER CHIN J |
Catchwords | Words and Phrases — ‘tiada halangan’ — Meaning of |
Outcome | Enclosure 15 allowed in part. |
Counsel Names |
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Week 4 Updates
Coram | RAJA AHMAD MOHZANUDDIN SHAH JC |
Catchwords | Civil Law Act — Damages — Dependency claim Civil Procedure — Action — Cause of action Civil Procedure — Parties — Proper plaintiffs |
Outcome | Plaintiffs’ claim dismissed with costs of RM10,000 to defendant subject to allocatur; counterclaim dismissed with no order as to costs. |
Counsel Names |
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Coram | NOOR RUWENA JC |
Catchwords | Civil Procedure — Striking out — Originating summons |
Outcome | Applications to strike out OS allowed with costs. |
Counsel Names |
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3. Public Prosecutor v Cheong Teck Paw [2024] 7 MLJ 753 [HC]
Coram | NOORIN BADARUDDIN J |
Catchwords | Criminal Law — Dangerous Drugs — Trafficking |
Outcome | Accused acquitted and discharged. |
Counsel Names |
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4. Ali Reza Ziba Halat Monfared & Anor v Chew Ben Ben & Ors [2024] 7 MLJ 774 [HC]
Coram | MOHD JOHAN LEE J |
Catchwords | Land Law — Power of attorney — Validity Tort — Conspiracy — Conspiracy to injure plaintiff |
Outcome | Plaintiffs’ claim dismissed with costs of RM65,000 to be paid by plaintiffs to firstand second defendants, and costs of RM60,000 to be paid by plaintiffs to third and fourth defendants respectively; all costs were subject to allocatur. |
Counsel Names |
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5. Imelda Nasreen bt Nasruddin @ Balchin v Norizatul Amira bt Kamsan [2024] 7 MLJ 807 [HC]
Coram | ROZ MAWAR JC |
Catchwords | Tort — Defamation — Defamatory statements |
Outcome | Appeal allowed with costs of RM8,000 and decision of sessions court set aside. |
Counsel Names |
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Week 5 Updates
1. Mudajaya Corp Bhd v KWSL Builders Sdn Bhd and another application [2024] 7 MLJ 849 [HC]
Coram | WONG KIAN KHEONG J |
Catchwords | Building and Construction Law — Adjudication — Construction Industry Payment and Adjudication Act 2012 (‘CIPAA’) |
Outcome | Ordered accordingly. |
Counsel Names |
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Coram | NOOR RUWENA JC |
Catchwords | Civil Procedure — Appeal — Appeal from subordinate court to High Court |
Outcome | Appellant’s appeal dismissed, respondents’ appeal allowed and dependency contribution amount varied to RM500 per month. |
Counsel Names |
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Coram | MOHAMAD ABAZAFREE J |
Catchwords | Civil Procedure — Jurisdiction — High Court Evidence — Proof of — Paternity |
Outcome | Enclosure 1 allowed with no order as to cost. |
Counsel Names |
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Coram | ADLIN ABDUL MAJID J |
Catchwords | Civil Procedure — Striking out — Application to strike out action Companies and Corporations — Auditors — Powers and duties Tort — Conspiracy — Conspiracy to defraud |
Outcome | Striking out application allowed with costs. |
Counsel Names |
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5. HEN v HIN [2024] 7 MLJ 894 [HC]
Coram | EVROL MARIETTE PETERS J |
Catchwords | Family Law — Divorce — Consent order |
Outcome | Terms relating to child access varied in the decree nisi in the manner stated in para 43 of the judgment. |
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6. Dato’ Mohd Zubir bin Embong lwn Datuk Hj Ahmad Amzad bin Mohamed @ Hashim [2024] 7 MLJ 907 [MT]
Coram | MOHD FIRUZ H |
Catchwords | Pilihan Raya — Pembatalan pemilihan — Alasan-alasan |
Outcome | Perintah sewajarnya. |
Counsel Names |
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