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
“It is of interest to appreciate that both defamation and malicious falsehood claims are mentioned in the Defamation Act 1957, in particular in its long title which states to be an Act relating to the law of libel and slander and other malicious falsehoods. Both claims essentially concern the publication of false statements. A key distinction between the two however is that in a malicious falsehood claim the statement in question does not have to bear a defamatory meaning. Another is non-necessity of proving damage to reputation. It is essential that the statements in question are published with improper motive or malice, and also that it has caused actual financial loss.” - Mohd Nazlan JCA |
Week 1 Updates
1. QVC Rock Products Sdn Bhd v Pohmix Kuari Sdn Bhd [2024] 3 MLJ 752 [CA]
Coram | SUPANG LIAN, HASHIM HAMZAH AND LIM CHONG FONG JJCA |
Catchwords | Contract — Agreement — Sale and purchase agreement |
Outcome | Appeal dismissed. |
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2. Suruhanjaya Tenaga v Strong Elegance Sdn Bhd [2024] 3 MLJ 871 [CA]
Coram | HANIPAH FARIKULLAH, AZIMAH OMAR AND AZHAHARI RAMLI JJCA |
Catchwords | Contract — Contingent contract — Non-fulfilment of conditions precedent |
Outcome | Appeal allowed; all orders, directions and decision made by the High Court set aside; and respondent’s claim against the appellant dismissed. |
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3. Yong Choo Kiong v Public Prosecutor [2024] 3 MLJ 779 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMAN ABDULLAH AND SM KOMATHY JJCA |
Catchwords | Criminal Law — Rape — Corroboration |
Outcome | Appeal against conviction dismissed; appeal against sentence allowed and appellant’s jail term reduced to eight years. |
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4. Wan Muhammad Azrami bin Wan Zullkifli v Public Prosecutor and other appeals [2024] 3 MLJ 714 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMAN ABDULLAH AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against conviction and sentence |
Outcome | Appeals on conviction dismissed; appeals on sentence allowed. |
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5. Pentadbir Tanah Daerah Kota Setar v Tunku Yaacob Holdings Sdn Bhd and other appeals [2024] 3 MLJ 817 [CA]
Coram | KAMALUDIN MD SAID, HASHIM HAMZAH AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Land Law — Acquisition of land — Reference to court |
Outcome | Ordered accordingly. |
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6. Jalani bin Mohamed & Anor v Shahrom bin Abdullah & Anor [2024] 3 MLJ 831 [CA]
Coram | YAACOB MD SAM, NANTHA BALAN AND MOHD NAZLAN JJCA |
Catchwords | Land Law — Ownership — Dispute of |
Outcome | Appeal allowed. |
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7. Presto Supermarkets (Subang) Sdn Bhd & Ors v Attic Holdings Sdn Bhd [2024] 3 MLJ 892 [CA]
Coram | YAACOB MD SAM, NANTHA BALAN AND SEE MEE CHUN JJCA |
Catchwords | Landlord and Tenant — Rent — Double rent |
Outcome | Ordered accordingly. |
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Coram | NANTHA BALAN, MOHD NAZLAN AND CHOO KAH SING JJCA |
Catchwords | Tort — Defamation — Defamatory words |
Outcome | Order of the High Court affirmed; appeal dismissed with costs of RM30,000 to respondents. |
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9. Tuanku Nur Zahirah v Clare Louise Brown & Ors [2024] 3 MLJ 735 [CA]
Coram | HADHARIAH SYED ISMAIL, MOHAMED ZAINI MAZLAN AND AZHAHARI RAMLI JJCA |
Catchwords | Tort — Defamation — Libel |
Outcome | Appeal allowed. |
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10. Datin Dr Teoh Su Lin v Arjun Gopal Subramaniam [2024] 3 MLJ 679 [CA]
Coram | KAMALUDIN MD SAID, HASHIM HAMZAH AND COLLIN LAWRENCE SEQUERAH JJCA |
Catchwords | Tort — Negligence — Medical negligence |
Outcome | Ordered accordingly. |
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