China Comservice (Hong Kong) Limited v Sediabena Sdn Bhd (and Another Appeal) [2024] 7 AMR 365, CA

Damages (General) – Assessment – Appeals and cross-appeals – High Court partially allowed plaintiff's claims for damages after finding defendant liable for breach of contract – Defendant's counterclaim for damages awarded to plaintiff to be set-off for its benefit, dismissed – Whether expectation and reliance loss could be claimed alternatively – Whether all plaintiff's claims ought to be allowed – Whether defendant's claim for set-off ought to be allowed – Whether appellate intervention warranted

Ibrahim bin Mahd Nazri v Public Prosecutor [2024] 7 AMR 378, CA

Criminal law – Sexual offences against children – Physical sexual assault – Appeal against sentence – Sisters aged 14 and 11 sexually assaulted by neighbour separately – Sentence of imprisonment imposed to run consecutively – Whether sentence imposed manifestly excessive – Whether ought to run consecutively or concurrently – Sexual Offences against Children Act 2017, ss 14(a), (d), 15(a)(ii), 16

Criminal procedure – Sentencing – Appeal – Sisters aged 14 and 11 sexually assaulted by neighbour separately – Sentence of imprisonment imposed to run consecutively – Whether sentence imposed excessive – Whether ought to run consecutively or concurrently – Sexual Offences against Children Act 2017, ss 14(a), (d), 15(a)(ii), 16

Abdul Nasir bin Ahmad v 7-Eleven Malaysia Sdn Bhd [2024] 7 AMR 402, HC

Civil procedure – Striking out – Statement of claim – Claims for breach of contract, constructive dismissal and/or torts – Employee resigned subsequent to company's proposal for restructuring and received full payment of emoluments – Whether claim obviously unsustainable and ought to be struck out – Whether constructive dismissal made out against employer

Dato' Abdul Subahan bin Mydin Pitchay & Anor v Khoo Khay Oon & Anor [2024] 7 AMR 417, HC

Insurance – Life policy – Avoidance of liability – Death benefit claim by named nominee – Policy lapsed before insured's death due to non-payment of top-up premium – Policy lacked sufficient cash value due to withdrawal of funds from policy – Unilateral payment of premium made only after insured's death – Whether policy revived and in force at material time – Whether nominees entitled to death claim – Whether insurance agent had fiduciary duty to enquire about non-payment of top-up premium from deceased – Whether breached

Jaslinderjit Kaur Kenth a/p Malinderjit Singh v Helvinneer Singh a/l Amarjit Singh [2024] 7 AMR 438, HC

Family law – Maintenance – Appeal – Wife's claim for monthly maintenance under s 3 of the Married Women and Children (Maintenance) Act 1950 ("1950 Act") dismissed by Magistrate's Court – Whether wife proved neglect by husband – Whether wife unable to maintain herself – Whether maintenance provisions under the 1950 Act and the Law Reform (Marriage and Divorce) Act 1976 available alternatively or conjunctively – Law Reform (Marriage and Divorce) Act 1976, s 78 – Married Women and

Masrinal M v Public Prosecutor [2024] 7 AMR 448, HC

Criminal law – Offences affecting the human body – Rape – Appeal against conviction and sentence – Sessions Court imposed 21 years' imprisonment for raping and 12 years for sodomising biological sister as well as whipping for each charge, to run consecutively – Charges reamended to change year of commission of offence before delivery of Sessions Court's decision – Whether conviction safe – Whether sentence excessive – Whether sentence ought to run concurrently considering appellant's young age – Penal Code, ss 52B, 376(3), 377

NAH v HAH [2024] 7 AMR 458, HC

Family law – Children – Custody – Wife sought custody, care and control of children who were living with husband – Husband counterclaimed for the same and sought psychiatric evaluation and treatment of wife before issue of custody was decided – Whether wife unfit to assume custody, care and control of children – Whether changing current environment of four year old child and separating child from her siblings would be in child's best interest – Whether children ought to be interviewed by court – Whether joint custody of children ought to be awarded – Whether child maintenance should be awarded