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 “Where there is no prohibition...
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 “At this juncture, it 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 “… even if there exists...
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 “Grandparents undoubtedly...
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 law is settled that...
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
“… even if there exists a difference of views on any matters at the apex court, the view that is most recently expressed by it (apex court) would prevail.” ~ Abang Iskandar PCA |
Week 1 Updates
Coram | LEE SWEE SENG, MARIANA YAHYA AND WONG KIAN KHEONG JJCA |
Catchwords | Civil Procedure — Striking out — Appeal against order allowing striking out |
Outcome | Appeals allowed. |
Counsel Names |
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2. B Braun Medical Industries Sdn Bhd v Mugunthan a/l Vadiveloo [2024] 4 MLJ 933 [CA]
Coram | SUPANG LIAN, WONG KIAN KHEONG JJCA AND NOORIN BADARUDDIN J |
Catchwords | Civil Procedure — Judicial review — Appeal against |
Outcome | Appeal allowed; High Court’s decision set aside; certiorari order was issued to quash award; claimant was ordered to pay costs of RM20,000 to respondent for proceedings in Court of Appeal and High Court (subject to allocatur fee). |
Counsel Names |
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3. Ketua Pengarah Kastam & Anor v Wintercorn Malaysia Sdn Bhd [2024] 4 MLJ 882 [CA]
Coram | NANTHA BALAN, AZIMAH OMAR AND CHOO KAH SING JJCA |
Catchwords | Customs and Excise — Sales tax — Exemption |
Outcome | Appeal allowed. |
Counsel Names |
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Week 2 Updates
1. Abdul Rashid bin Mohamad Isa v PTT International Trading Pte Ltd [2024] 5 MLJ 1 [FC]
Coram | NALLINI PATHMANATHAN, HASNAH HASHIM AND ABDUL KARIM FCJJ |
Catchwords | Bankruptcy — Creditor’s petition — Withdrawal of |
Outcome | Appeal dismissed with costs. |
Counsel Names |
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Coram | ABDUL KARIM, ABU BAKAR JAIS AND COLLIN SEQUERAH JJCA |
Catchwords | Civil Procedure — Appeal — Appeal against High Court’s decision |
Outcome | Appeal allowed. |
Counsel Names |
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3. Kamaraj a/l Rajahendran v Public Prosecutor [2024] 5 MLJ 27 [CA]
Coram | HADHARIAH SYED ISMAIL, AZMI ARIFFIN AND SM KOMATHY JJCA |
Catchwords | Criminal Procedure — Appeal — Appeal against conviction and sentence |
Outcome | Appeal dismissed. |
Counsel Names |
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4. Reventharen a/l Suppiah v Bar Council Malaysia [2024] 5 MLJ 39 [CA]
Coram | LEE SWEE SENG, HASHIM HAMZAH AND LIM CHONG FONG JJCA |
Catchwords | Legal Profession — Professional discipline — Restoration to Roll of Advocates and Solicitors |
Outcome | Appeal allowed. |
Counsel Names |
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Week 3 Updates
Coram | ABANG ISKANDAR PCA |
Catchwords | Civil Procedure — Appeal — Leave to appeal |
Outcome | Plaintiff’s application allowed with no order as to cost. |
Counsel Names |
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2. Starfish Holdings Sdn Bhd v Hong Leong Bank Bhd & Anor [2024] 5 MLJ 71 [CA]
Coram | RAVINTHRAN, MARIANA YAHYA AND LIM CHONG FONG JJCA |
Catchwords | Banking — Banker and customer — Forged cheques |
Outcome | Appeal dismissed. |
Counsel Names |
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3. Odang v Public Prosecutor [2024] 5 MLJ 110 [CA]
Coram | RAVINTHRAN, CHE MOHD RUZIMA AND AZMI ARIFFIN JJCA |
Catchwords | Criminal Law — Murder — Defences |
Outcome | The accused’s appeal dismissed; prosecution’s appeal allowed; High Court’s decision set aside; with the accused charged with murder and sentenced to 30 years’ jail and 12 strokes of the rotan. |
Counsel Names |
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4. Kerajaan Malaysia & Anor v Nurul Rabihah bt Abdul Rahman [2024] 5 MLJ 88 [CA]
Coram | SUPANG LIAN, HASHIM HAMZAH AND AZMI ARIFFIN JJCA |
Catchwords | Damages — Assessment — Appeal and cross-appeal against assessment |
Outcome | Appellants’ appeal allowed in part and respondent’s cross-appeal dismissed. |
Counsel Names |
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Week 4 Updates
1. Kind Action (M) Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri [2024] 5 MLJ 130 [CA]
Coram | VAZEER ALAM, GUNALAN MUNIANDY AND HASHIM HAMZAH JJCA |
Catchwords | Civil Procedure — Judicial review (‘JR’) — Application |
Outcome | Appeal allowed, High Court’s decision set aside and JR application allowed. |
Counsel Names |
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2. Ho Sue San @ David Ho Sue San v Hovid Bhd & Ors [2024] 5 MLJ 165 [CA]
Coram | RAVINTHRAN, LIM CHONG FONG AND CHOO KAH SING JJCA |
Catchwords | Companies and Corporations — Oppression — Conduct amounting to oppression |
Outcome | Appeal dismissed. |
Counsel Names |
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3. Chan Kok Sung & Anor v Accupro Sdn Bhd & Anor [2024] 5 MLJ 144 [CA]
Coram | RAVINTHRAN, MARIANA YAHYA AND AZIMAH OMAR JJCA |
Catchwords | Equity — Estoppel — Res judicata |
Outcome | Appeal allowed, High Court’s decision set aside and appellants’ counterclaim allowed. |
Counsel Names |
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