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
“[46] To reach a well-informed decision, this court had to meticulously examine the notion of the ‘welfare of the child’ in its most expansive context, considering all pertinent factors and judiciously balance them. Given the distinctive circumstances inherent in each case, offering an exhaustive list of specific considerations is not feasible...... [57] Nevertheless, it was important to note that judges are not obligated to conduct interviews with children. Opting not to interview children is a decision that may be deemed appropriate, as its efficacy often hinges on the unique circumstances of each case. It was crucial to acknowledge the inherent constraints of this approach and exercise prudence, recognising that valuable insights may also be gleaned from the parents of the child, and even their solicitors. These alternative avenues provide judges with comprehensive information, alleviating any apprehensions about inadvertently involving children in the complexities of contentious legal proceedings through direct interviews.” - Evrol Mariette Peters J |
Week 1 Updates
Coram | AMARJEET SINGH J |
Catchwords | Civil Procedure — Judicial review — Application for |
Outcome | Judicial review application allowed. |
Counsel Names |
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2. Tanabal Naidu a/l Murugayan v Thoo Chee Wah [2024] 12 MLJ 819 [HC]
Coram | KENNETH ST JAMES JC |
Catchwords | Civil Procedure — Summary application — Disposal of case on point of law |
Outcome | Appeal allowed. |
Counsel Names |
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3. Malayan Banking Bhd v Ong Chin Yet [2024] 12 MLJ 776 [HC]
Coram | JAMHIRAH ALI JC |
Catchwords | Civil Procedure — Setting aside — Order for sale |
Outcome | Application dismissed. |
Counsel Names |
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4. MBSB Bank Bhd v Erakemas Sdn Bhd [2024] 12 MLJ 766 [HC]
Coram | KENNETH ST JAMES JC |
Catchwords | Companies and Corporations — Winding up — Petition |
Outcome | Application to stay winding up petition dismissed; and winding up petition allowed. |
Counsel Names |
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5. Semantan Estate (1952) Sdn Bhd v The Registrar of Titles [2024] 12 MLJ 807 [HC]
Coram | AHMAD SHAHRIR J |
Catchwords | Land Law — Registrar of Titles (‘RT’) — National Land Code (‘NLC’), s 417 |
Outcome | Plaintiff’s application allowed. |
Counsel Names |
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Week 2 Updates
1. Deloitte Corporate Advisory Services Sdn Bhd v Lim Tham Cheng & Ors [2024] 12 MLJ 896 [HC]
Coram | KENNETH ST JAMES JC |
Catchwords | Contract — Agreement — Breach |
Outcome | Claim allowed. |
Counsel Names |
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Coram | CELESTINA STUEL GALID J |
Catchwords | Civil Procedure — Judgments and orders — Garnishee order |
Outcome | Appeal allowed in part. |
Counsel Names |
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Coram | LIM HOCK LENG J |
Catchwords | Companies and Corporations — Liquidator — Remuneration |
Outcome | Order in terms of encl 49 was granted. |
Counsel Names |
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4. Philip ak Luney v Public Prosecutor [2024] 12 MLJ 890 [HC]
Coram | WONG SIONG TUNG J |
Catchwords | Criminal Law — Revision — Application for revision |
Outcome | Application for revision allowed. |
Counsel Names |
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4. Philip ak Luney v Public Prosecutor [2024] 12 MLJ 890 [HC]
Coram | WONG SIONG TUNG J |
Catchwords | Criminal Law — Revision — Application for revision |
Outcome | Application for revision allowed. |
Counsel Names |
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5. Philip ak Luney v Public Prosecutor [2024] 12 MLJ 890 [HC]
Coram | WONG SIONG TUNG J |
Catchwords | Criminal Law — Revision — Application for revision |
Outcome | Application for revision allowed. |
Counsel Names |
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6. MIL v MON and another application [2024] 12 MLJ 843 [HC]
Coram | EVROL MARIETTE PETERS J |
Catchwords | Family Law — Children — Custody |
Outcome | Application for variation dismissed; application for custody allowed. |
Counsel Names |
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7. Tean Yee Mooy v White Horse Marketing Sdn Bhd and another appeal [2024] 12 MLJ 863 [HC]
Coram | AMARJEET SINGH J |
Catchwords | Labour Law — Constructive dismissal — Reference of dispute to Director General of Industrial Relations |
Outcome | Appeals allowed. |
Counsel Names |
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8. Suruhanjaya Sekuriti Malaysia v Lim Kok Boon & Anor [2024] 12 MLJ 928 [HC]
Coram | ADLIN ABDUL MAJID J |
Catchwords | Securities — Insider trading — Specific confidential information |
Outcome | Plaintiff’s claim allowed; civil penalty of RM1m imposed on D1; and civil penalty of RM50,000 imposed on D2. |
Counsel Names |
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Week 3 Updates
1. Nuro Dagangan Sdn Bhd v Bank Kerjasama Rakyat Malaysia Bhd [2025] 7 MLJ 1 [HC]
Coram | YUSRIN FAIDZ JC |
Catchwords | Banking — Banks and banking business — Financing facility |
Outcome | Application dismissed. |
Counsel Names |
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2. L (F) v K [2025] 7 MLJ 36 [HC]
Coram | WONG SIONG TUNG J |
Catchwords | Family Law — Divorce — Irretrievable breakdown of marriage |
Outcome | Petitioner’s claim allowed in part; each party to bear their own costs. |
Counsel Names |
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3.Pendakwa Raya lwn Andrewson Mawan Ali dan lain-lain [2025] 7 MLJ 18 [HC]
Coram | ABU BAKAR H |
Catchwords | Prosedur Jenayah — Semakan — Permohonan |
Outcome | Keputusan mahkamak majistret diakas dan digantikan dengan perintah hilang kelayakan untuk memohon lesen memandu bagi semua kelas. |
Counsel Names |
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Week 4 Updates
1. Koperasi Pekerja-Pekerja Kerajaan Sabah Bhd v Roslan bin Yahya & Ors [2025] 7 MLJ 120 [HC]
Coram | LIM HOCK LENG J |
Catchwords | Contract — Frustration — Illegality or impossibility |
Outcome | Order accordingly. |
Counsel Names |
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Coram | NOOR RUWENA JC |
Catchwords | Constitutional Law — Legislation — Constitutionality |
Outcome | Enclosure 1 dismissed with costs. |
Counsel Names |
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3. VAN v ZAN [2025] 7 MLJ 58 [HC]
Coram | EVROL MARIETTE PETERS J |
Catchwords | Family Law — Divorce — Contempt |
Outcome | Application dismissed. |
Counsel Names |
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Week 5 Updates
1. Shum Lai Lin v Cheang Kim Leong & Anor [2025] 7 MLJ 139 [HC]
Coram | ABDUL WAHAB J |
Catchwords | Family Law — Judicial separation — Application for interim maintenance |
Outcome | Order accordingly. |
Counsel Names |
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2. Prima Cahaya Sdn Bhd v Pemungut Duti Setem [2025] 7 MLJ 154 [HC]
Coram | AHMAD KAMAL J |
Catchwords | Revenue Law — Stamp duty — Assessment |
Outcome | Originating summons allowed with costs of RM5,000 to be paid by defendant to plaintiff without allocator fee. |
Counsel Names |
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Coram | LEONG WAI HONG JC |
Catchwords | Tort — Negligence — Maintenance of trees |
Outcome | Enclosure 8 is dismissed with costs of RM3,000 subject to allocatur. Striking out application dismissed. |
Counsel Names |
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