BU Development Sdn Bhd v Adeline Tan Kean Sim & Anor [2025] 4 AMR 353, CA

Contract – Breach – Sale and purchase agreement – Claim for liquidated ascertained damages – Booking fee paid prior to execution of sale and purchase agreement – Whether delivery of vacant possession computed from date of sale and purchase agreement or date of booking fee payment – Housing Development (Control and Licensing) Act 1966

Housing development – Sale and purchase agreement – Breach of – Claim for liquidated ascertained damages – Booking fee paid prior to execution of sale and purchase agreement – Whether delivery of vacant possession computed from date of sale and purchase agreement or date of booking fee payment – Housing Development (Control and Licensing) Act 1966

Khairuddin bin Abu Hassan v Wan Aedil bin Wan Abdullah & 7 Ors (and Another Appeal) [2025] 4 AMR 366, CA

Tort – Malicious prosecution – Damages – Cross-appeals – Plaintiff requesting police investigation into 1MDB affairs arrested twice under Penal Code and Security Offences (Special Measures) Act 2012 – Discharge and acquittal by Sessions Court – Whether malicious prosecution proved – Whether there was basis for plaintiff's arrest and detention – Whether plaintiff entitled to exemplary and aggravated damages – Whether claim for legal fees was special damages and strictly proved – Whether appeals ought to be allowed – Criminal Procedure Code, s 23(1) – Penal Code, ss 124C, 124K, 124L – Security Offences (Special Measures) Act 2012, s 4(1)

Tort – Unlawful detention – Damages – Cross-appeals – Plaintiff requesting police investigation into 1MDB affairs arrested twice under Penal Code and Security Offences (Special Measures) Act 2012 – Discharge and acquittal by Sessions Court – Whether unlawful detention proved – Whether there was basis for plaintiff's arrest and detention – Whether plaintiff entitled to exemplary and aggravated damages – Whether claim for legal fees was special damages and strictly proved – Whether appeals ought to be allowed – Criminal Procedure Code, s 23(1) – Penal Code, ss 124C, 124K, 124L – Security Offences (Special Measures) Act 2012, s 4(1)

Loganathan a/l Thiagarajan v Dr Lee Mun Toong [2025] 4 AMR 397, HC

Tort – Negligence – Medical negligence – Liability and quantum – Patient struck with hard object in left eye and suffered bleeding – Doctor administered normal course of treatment for injury sustained – Patient subsequently diagnosed with penetrating left eye injury with intraocular foreign body ("IOFB") and endophthalmitis, resulting in surgery and loss of perfect vision – Whether doctor breached duty of care for failing to detect IOFB in patient's eye – Whether medical negligence established – Damages and quantum – Whether patient's claim ought to be allowed