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
“The applicant in the defendant cannot submit itself to the court’s jurisdiction and surrender to it in applying to strike out the plaintiff’s claim and yet at the same time apply for a stay of the proceedings should it not succeed in the striking out. Having entered the door of the court and inviting it to decide on the matter on its merits, the applicant cannot now exit from it and merely pray for a stay of the proceedings. The two are incompatible and having failed in striking out the plaintiff’s claim, the applicant must be content to having to contest the proceedings for in applying to strike out, the applicant must be taken to have abandoned arbitration in favour of litigation in the court.” - Lee Swee Seng JCA JSB v ACSB [2024] 1 MLJ 195 at 21-22 |
Week 1 Updates
1. Au Lai Chan & Anor v Malaysian Mosaics Sdn Bhd & Anor and another appeal [2024] 1 MLJ 28 [CA]
Coram | YAACOB MD SAM, RAVINTHRAN AND MOHD NAZLAN JJCA |
Catchwords | Civil Procedure — Judicial review — Application for Labour Law — Employment — Redundancy |
Outcome | Appeal 200 dismissed with agreed costs of RM10,000 subject to allocatur; Appeal 201 dismissed with agreed costs of RM50,000 subject to allocatur. |
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Coram | HAS ZANAH MEHAT, CHE MOHD RUZIMA AND SEE MEE CHUN JJCA |
Catchwords | Civil Procedure — Locus standi — Action by school’s board of governors |
Outcome | Appeals dismissed. |
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3. Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor and another appeal [2024] 1 MLJ 1 [CA]
Coram | RAVINTHRAN, HASHIM HAMZAH AND AZIMAH OMAR JJCA |
Catchwords | Land Law — Indefeasibility of title and interests — Sale of land |
Outcome | Both appeals dismissed with costs of RM30,000 to be paid by each of second and third defendants to plaintiffs subject to payment of allocator. |
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Week 2 Updates
Coram | AZIZAH NAWAWI, GUNALAN MUNIANDY AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Companies and Corporations — Winding up — Priorities |
Outcome | Appeals allowed in part against High Court’s decisions in leave application and discharge application; release and discharge of respondent set aside with costs of RM20,000 to be paid by company to appellant subject to allocator. |
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2. Wan Ji bin Wan Hussin v Public Prosecutor [2024] 1 MLJ 142 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMAN ABDULLAH AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against conviction and sentence |
Outcome | Appeal against conviction dismissed; appeal against sentence allowed. |
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3. SIS Forum (M) dan lain-lain lwn Jawatankuasa Fatwa Negeri Selangor dan lain-lain [2024] 1 MLJ 67 [MR]
Coram | HAS ZANAH MEHAT, CHE MOHD RUZIMA DAN GUNALAN MUNIANDY HHMR |
Catchwords | Prosedur Sivil — Semakan kehakiman — Rayuan terhadap keputusan Mahkamah Tinggi yang menolak permohonan semakan kehakiman |
Outcome | Rayuan perayu ditolak. |
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Week 3 Updates
1. JSB v ACSB [2024] 1 MLJ 195 [CA]
Coram | LEE SWEE SENG, CHE MOHD RUZIMA AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Arbitration — Stay of proceedings — When available |
Outcome | Appeal allowed; order of High Court set aside with costs of RM15,000 to plaintiff here and below subject to allocator. |
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2. Bestinet Sdn Bhd v GHL Epayments Sdn Bhd [2024] 1 MLJ 157 [CA]
Coram | HASHIM HAMZAH, LIM CHONG FONG AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Civil Procedure — Appeal — Finding of facts Civil Procedure — Pleadings — Point of law Contract — Implied terms — When term to be implied in contract |
Outcome | Appeal dismissed with costs of RM30,000 to respondent. |
Counsel Names |
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3. Pemungut Duti Setem v Havi Logistics (M) Sdn Bhd [2024] 1 MLJ 177 [CA]
Coram | LEE SWEE SENG, CHE MOHD RUZIMA AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Revenue Law — Stamp duty — Assessment |
Outcome | Appeal allowed. |
Counsel Names |
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Week 4 Updates
1. Lai Hen Beng v Public Prosecutor [2024] 1 MLJ 225 [FC]
Coram | TENGKU MAIMUN CHIEF JUSTICE, MOHAMAD ZABIDIN CJ (MALAYA), HARMINDAR SINGH, ABU BAKAR JAIS AND ABDUL KARIM FCJJ |
Catchwords | Constitutional Law — Legislation — Validity of impugned legislation |
Outcome | Section 498 of the Penal Code unanimously declared unconstitutional. |
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2. Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252 [CA]
Coram | RAVINTHRAN, HASHIM HAMZAH AND LIM CHONG FONG JJCA |
Catchwords | Contract — Consideration — Failure of consideration |
Outcome | Appeal allowed with costs; HCJ’s decision set aside; any payment made to defendant by plaintiff under void agreement refunded. |
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3. Gan Boon Aun v Public Prosecutor [2024] 1 MLJ 277 [CA]
Coram | HADHARIAH SYED ISMAIL, GUNALAN MUNIANDY AND AZMAN ABDULLAH JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against sentence |
Outcome | Appeal allowed; sentence of 24 months imprisonment imposed by High Court on 25 January 2022 set aside; sentence of one day imprisonment imposed by sessions court restored. |
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