Five Star Heritage Sdn Bhd & 5 Ors v Peguam Negara Malaysia (and 3 Other Appeals) [2024] 1 AMR 129, FC

Administrative law – Remedies – Judicial review – Consent of Attorney General ("AG") granted to intervener in pending suit under s 9 of the Government Proceedings Act 1956 ("the Act") – Suit related to public charitable trust and division thereof – Whether AG's consent valid – Whether AG could grant consent for ongoing case retrospectively – Whether requirement of "two or more persons" fulfilled before procurement of AG's consent – Whether AG's consent in contravention of s 9 of the Act – Government Proceedings Act 1956, s 9, 9(1)

Trusts and trustees – Public charitable trust – Consent of Attorney General ("AG") – Intervener obtained consent in pending suit under s 9 of the Government Proceedings Act 1956 ("the Act") – Suit related to public charitable trust and division thereof – Whether AG's consent valid – Whether AG could grant consent for ongoing case retrospectively – Whether requirement of "two or more persons" fulfilled before procurement of AG's consent – Whether AG's consent in contravention of s 9 of the Act – Government Proceedings Act 1956, s 9, 9(1)

Affin Bank Berhad v Energypeak FZE [2024] 1 AMR 151, CA

Civil procedure – Execution – Garnishee proceedings – Appeal against – Final amount payable by garnishee bank to judgment creditor included additional sums that had come into judgment debtor's ("JD") account with garnishee bank after service of garnishee order to show cause ("GOTSC") – Whether there was continuing obligation on garnishee to attach further sums credited into JD's account after service of GOTSC – Whether mandate of Order 49 of the Rules of Court 2012 violated – Whether any further sums stood in JD's account after service of GOTSC which could be garnished and paid by garnishee to JC – Whether appellate intervention warranted – Civil Procedure Rules 1998 (UK) – Rules of Court 2012, Order 49 rr 1, 2(a), 3(2)

Lembaga Tabung Haji & Anor v Encap Sdn Bhd [2024] 1 AMR 171, CA

Contract – Breach – Damages – Service provider agreement signed originally for debit card system – Parties mutually agreed to work towards prepaid cards system, in variation to original agreement – Agreement terminated on basis of failure to obtain requisite licence from Bank Negara Malaysia for issuance of debit cards – Whether termination valid and lawful – Whether original agreement mutually varied between parties – Whether exemplary damages payable – Whether appointing company and subsidiary formed solely for obtaining licence, jointly and severally liable to service provider

Contract – Service provider agreement – Termination – Damages – Service provider agreement signed originally for debit card system – Parties mutually agreed to work towards prepaid cards system, in variation to original agreement – Agreement terminated on basis of failure to obtain requisite licence from Bank Negara Malaysia for issuance of debit cards – Whether termination valid and lawful – Whether original agreement mutually varied between parties – Whether exemplary damages payable – Whether appointing company and subsidiary formed solely for obtaining licence, jointly and severally liable to service provider

Pengarah Tanah dan Galian Selangor & Anor v PNSB Acmar Sdn Bhd & Anor (and Another Appeal) [2024] 1 AMR 197, CA

Administrative law – Remedies – Judicial review – Order obtained declaring that notice of withdrawal of compulsory acquisition of portion of land was null and void – Whether withdrawal of acquisition of land valid in light of s 35 of the Land Acquisition Act 1960 – Whether acquisition of land had been completed by issuance of Form K – Whether possession of land had been taken upon issuance and service of Form H – Whether applicable interest rate for calculation of late payment charges ought to be 8% per annum as awarded by High Court – Whether Director General of the Federal Department of Lands and Mines ought to be jointly liable with Land Administrator to pay compensation awarded and late payment charges imposed – Land Acquisition Act 1960, s 18(a), 29, 32, 35, Forms D, H, K – Land Acquisition (Amendment) Act 2016

Land law – Acquisition of land – Declaratory relief – Order obtained declaring that notice of withdrawal of compulsory acquisition of portion of land was null and void – Whether withdrawal of acquisition of land valid in light of s 35 of the Land Acquisition Act 1960 – Whether acquisition of land had been completed by issuance of Form K – Whether possession of land had been taken upon issuance and service of Form H – Whether applicable interest rate for calculation of late payment charges ought to be 8% per annum as awarded by High Court – Whether Director General of the Federal Department of Lands and Mines ought to be jointly liable with Land Administrator to pay compensation awarded and late payment charges imposed – Land Acquisition Act 1960, s 18(a), 29, 32, 35, Forms D, H, K – Land Acquisition (Amendment) Act 2016

ACH v PAY [2024] 1 AMR 216, HC

Family law – Children – Custody and maintenance – Wife left matrimonial home with child after five years of marriage due to conflicts and acrimonious relationship – Whether wife or husband responsible for breakdown of marriage – Whether husband ought to pay child maintenance – Appropriate amount – Whether wife obliged to share costs equally – Whether husband entitled to joint guardianship of child with access rights – Whether in child's best interests – Law Reform (Marriage & Divorce) Act 1976, s 82

Family law – Divorce – Petition and cross-petition – Wife left matrimonial home with child after five years of marriage due to conflicts and acrimonious relationship – Whether wife or husband responsible for breakdown of marriage – Whether wife entitled to spousal maintenance – Whether husband ought to pay child maintenance – Appropriate amount – Whether husband entitled to joint guardianship of child with access rights – Whether wife entitled to share in matrimonial assets and what portion would be equitable – Law Reform (Marriage & Divorce) Act 1976, s 82

Ng Choo Hock @ Ng Choo Huat v Ng Poh Leng (trading as Anson Pu Erh Tea House [2024] 1 AMR 243, HC

Civil procedure – Judgments and orders – Consent judgment – Enforcement of – Sessions Court dismissed application to execute consent judgment obtained – Whether there was delay in execution – Whether delay justifiable – Whether COVID-19 pandemic amounted to reasonable ground for delay in filing application – Whether oral assurances and promise to settle consent judgment amount given – Whether documented evidence of all enforcement actions taken furnished – Rules of Court 2012, Order 41 r 1(4)