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 common feature of organisation and society is that they are organised group of people with common aim and interest or for a particular purpose. The group consists of more than seven people. What makes society and organisation similar in nature is that a group of people who work together in an organised way for a shared goal. They have their own set of rules and regulations. These are the features the court must look at in deciding whether organisation includes society.” - Hadhariah Syed Ismail JCA Public Prosecutor v Mahiaddin bin Md Yasin [2024] 6 MLJ 1 at para 60 |
Week 1 Updates
1. Public Prosecutor v Mahiaddin bin Md Yasin [2024] 6 MLJ 1 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMI ARIFFIN AND KOMATHY SUPPIAH JJCA |
Catchwords | Criminal Procedure — Charge — Defective charge |
Outcome | Appeal allowed. |
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2. Orchard Circle Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Anor [2024] 6 MLJ 24 [CA]
Coram | RAVINTHRAN, AZMAN ABDULLAH AND CHOO KAH SING JJCA |
Catchwords | Land Law — Acquisition of land — Award of compensation |
Outcome | Appeal allowed. |
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Week 2 Updates
1. Leong Pik Yien v Edwin ak Mula & Ors [2024] 6 MLJ 61 [CA]
Coram | RAVINTHRAN, CHE MOHD RUZIMA AND AZMI ARIFFIN JJCA |
Catchwords | Civil Procedure — Appeal — Application for leave to appeal |
Outcome | Enclosure 1 allowed; court gave plaintiff 30 days from date of leave being granted to file notice of appeal; costs in cause. |
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2. Amsiah Rahim v Borneo Samudera Sdn Bhd [2024] 6 MLJ 78 [CA]
Coram | ABDUL KARIM, RAVINTHRAN AND ABU BAKAR JAIS JJCA |
Catchwords | Civil Procedure — Damages — Assessment of damages |
Outcome | Appeal allowed. |
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3. Aster Bina Sdn Bhd & Ors v Lebar Daun Development Sdn Bhd and another appeal [2024] 6 MLJ 95 [CA]
Coram | HANIPAH FARIKULLAH, CHE MOHD RUZIMA AND AZIZUL AZMI ADNAN JJCA |
Catchwords | Contract — Sale and purchase of property — Balance of purchase price |
Outcome | Appeal 1960 allowed; Appeal 2020 allowed in part with costs of RM30,000 here and below to be paid by respondent to appellants collectively. |
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4. Aideah Communication Sdn Bhd v The New Straits Times Press (M) Bhd [2024] 6 MLJ 40 [CA]
Coram | SUPANG LIAN, HASHIM HAMZAH AND LIM CHONG FONG JJCA |
Catchwords | Contract — Terms — Construction |
Outcome | Appeal allowed; High Court’s decision set aside; judgment entered for the appellant in the sum of RM1,178,369.97 against the respondent with interest thereon at 5%pa from date of filing of the suit until date of full payment; and respondent’s counterclaims dismissed. |
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Week 3 Updates
1. Attorney General of Malaysia v Sabah Law Society [2024] 6 MLJ 121 [FC]
Coram | NALLINI PATHMANATHAN, ZABARIAH YUSOF AND RHODZARIAH BUJANG FCJJ |
Catchwords | Civil Procedure — Appeal — Leave to appeal to Federal Court (‘FC’) |
Outcome | Leave to appeal declined. |
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2. Swissray Asia Healthcare Co Ltd v V Medical Services M Sdn Bhd [2024] 6 MLJ 135 [CA]
Coram | CHE MOHD RUZIMA, MARIANA YAHYA AND COLLIN SEQUERAH JJCA |
Catchwords | Civil Procedure — Injunction — Fortuna injunction |
Outcome | Appeal allowed; Fortuna injunction ordered by High Court set aside with costs of RM15,000 to appellant subject to allocator. |
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3. Public Prosecutor v Artur Peek & Ors [2024] 6 MLJ 154 [CA]
Coram | VAZEER ALAM, AZMI ARIFFIN AND KOMATHY SUPPIAH JJCA |
Catchwords | Criminal Procedure — Arrest — Arrest and remand pending appeal against acquittal |
Outcome | Prosecution’s application for order of arrest and remand under s 56A of the CJA allowed with proviso for grant of conditional bail (as per para 9 of grounds of judgment). |
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Week 4 Updates
1. Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 6 MLJ 220 [FC]
Coram | ZABARIAH YUSOF, HASNAH HASHIM AND NORDIN HASSAN FCJJ |
Catchwords | Land Law — Indefeasibility of title and interests — Conclusiveness of register |
Outcome | Appeal allowed, High Court and Court of Appeal decision set aside. |
Counsel Names |
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2. Kerajaan Malaysia v PDS Training Camp Sdn Bhd and another appeal [2024] 6 MLJ 196 [CA]
Coram | MARIANA YAHYA, HASHIM HAMZAH AND LIM CHONG FONG JJCA |
Catchwords | Contract — Termination — Construction of termination clause |
Outcome | GOM’s appeal allowed; and PDS’s appeal dismissed. |
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Coram | RAVINTHRAN, HASHIM HAMZAH JJCA AND FAIZAH JAMALUDIN, HCJ |
Catchwords | Land Law — Strata Management Act 2013 (‘the SMA’) — Commissioner of buildings (‘COB’) |
Outcome | Preliminary objection dismissed; appeal allowed and High Court’s decision set aside. |
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