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
“… as we (the court) said earlier, there is no requirement to obtain a conviction for a money laundering offence under s 4(1) of the AMLATFPUAA (Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Act 2001) against any individual before instituting forfeiture proceedings. Under the broad definition of money laundering, any engagement directly or indirectly with proceeds of unlawful activity would be sufficient. And for the purpose of forfeiture proceedings, the standard of proof is the civil standard namely, balance of probabilities. Thus, the flow of the victims’ monies into any bank account is sufficient to prove the existence of the offence of money laundering on a balance of probabilities even though no individual was charged or convicted.” - Ravinthran JCA Liew Ket Boh & Anor v Public Prosecutor [2024] 2 MLJ 73 at 48 |
Week 1 Updates
1. Affin Bank Bhd v Energypeak Fze [2024] 2 MLJ 53 [CA]
Coram | LEE SWEE SENG, SUPANG LIAN AND MOHD NAZLAN JJCA |
Catchwords | Civil Procedure — Judgments and orders — Garnishee order |
Outcome | Appeal allowed. |
Counsel Names |
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2. Public Prosecutor v Bakri bin Ruka [2024] 2 MLJ 1 [CA]
Coram | ABDUL KARIM, RAVINTHRAN AND ABU BAKAR JAIS JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against acquittal |
Outcome | Appeal allowed. |
Counsel Names |
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3. Liew Ket Boh & Anor v Public Prosecutor [2024] 2 MLJ 73 [CA]
Coram | NOR BEE ARIFFIN, RAVINTHRAN AND GHAZALI CHA JJCA |
Catchwords | Criminal Procedure — Forfeiture — Monies in bank accounts |
Outcome | Appeal allowed. |
Counsel Names |
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4. Public Bank Bhd & Anor v Fung Shaw Yiew @ Jellfer & Ors and another appeal [2024] 2 MLJ 21 [CA]
Coram | LEE SWEE SENG, SUPANG LIAN AND AZIMAH OMAR JJCA |
Catchwords | Land Law — Indefeasibility of title and interests — Forged transfer |
Outcome | Appeal allowed. |
Counsel Names |
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Week 2 Updates
1. Robinder Singh Jaj a/l Bijir Singh v Jasminder Kaur a/p Bhajan Singh [2024] 2 MLJ 126 [FC]
Coram | ZABARIAH YUSOF, MARY LIM AND HARMINDAR SINGH DHALIWAL FCJJ |
Catchwords | Civil Procedure — Application to refer question of law to Federal Court — Academic question of law Civil Procedure — Language — National Language |
Outcome | Enclosure 6 dismissed; appeal allowed; decisions of courts below set aside. |
Counsel Names |
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2. Nik Elin Zurina bt Nik Abdul Rashid & Anor v Kerajaan Negeri Kelantan [2024] 2 MLJ 150 [FC]
Coram | TENGKU MAIMUN CHIEF JUSTICE, ABANG ISKANDAR PCA, MOHAMAD ZABIDIN CJ (MALAYA), ABDUL RAHMAN SEBLI CJ (SABAH AND SARAWAK), NALLINI PATHMANATHAN, MARY LIM, HARMINDAR SINGH, NORDIN HASSAN AND ABU BAKAR JAIS FCJJ |
Catchwords | Constitutional Law — Legislature — Legislative competence Civil Procedure — Locus standi — Action by private citizens |
Outcome | Declaration sought granted with exception of ss 13 and 30 of the 2019 Enactment which were valid and constitutional. |
Counsel Names |
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3. Lembaga Tabung Haji & Anor v Encap Sdn Bhd [2024] 2 MLJ 98 [CA]
Coram | HANIPAH FARIKULLAH, AZIMAH OMAR AND AZHAHARI KAMAL JJCA |
Catchwords | Contract — Breach — Breach of agreement |
Outcome | Appeal allowed in part. |
Counsel Names |
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4. Tang Loon Pau & Ors v Mohd Salihin bin Kotni & Anor [2024] 2 MLJ 256 [CA]
Coram | AZIZAH NAWAWI, NANTHA BALAN AND MOHAMED ZAINI MAZLAN JJCA |
Catchwords | Insurance — Motor insurance — Liability |
Outcome | Appeal dismissed. |
Counsel Names |
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Week 3 Updates
1. Five Star Heritage Sdn Bhd & Ors v Nai Ninn Sararaksh & Anor [2024] 2 MLJ 315 [CA]
Coram | LEE SWEE SENG, ABU BAKAR JAIS AND AHMAD ZAIDI IBRAHIM JJCA |
Catchwords | Civil Procedure — Government proceedings — Consent of Attorney General |
Outcome | Appeal allowed. |
Counsel Names |
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Coram | RAVINTHRAN, AZMAN ABDULLAH AND AZMI ARIFFIN JJCA |
Catchwords | Civil Procedure — Setting aside — Application for |
Outcome | Appeal allowed. |
Counsel Names |
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3. Robinder Singh Jaj a/l Bijir Singh v Jasminder Kaur a/p Bhajan Singh [2024] 2 MLJ 303 [CA]
Coram | ABDUL KARIM, SEE MEE CHUN AND COLLIN LAWRENCE SEQUERAH JJCA |
Catchwords | Civil Procedure — Setting aside — Application for |
Outcome | Appeal dismissed with no order as to costs. |
Counsel Names |
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4. Public Prosecutor v Ahmad Syameer bin Ahmad Taufek [2024] 2 MLJ 272 [CA]
Coram | HANIPAH FARIKULLAH, HADHARIAH SYED ISMAIL AND HASHIM HAMZAH JJCA |
Catchwords | Constitutional Law — Attorney General/public prosecutor — Power to institute, conduct or discontinue proceedings Criminal Procedure — Appeal — Appeal against acquittal and discharge |
Outcome | Appeal allowed. |
Counsel Names |
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Week 4 Updates
1. Majlis Bandaraya Petaling Jaya v Bonifac Lobo a/l Robert V Lobo [2024] 2 MLJ 347 [CA]
Coram | LEE SWEE SENG, ABU BAKAR JAIS AND AHMAD ZAIDI IBRAHIM JJCA |
Catchwords | Civil Procedure — Government proceedings — Consent of Attorney General |
Outcome | Appeal allowed. |
Counsel Names |
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