Globeway Lagoon Sdn Bhd v Pasaraya ST BM Sdn Bhd & 2 Ors [2024] 7 AMR 845, HC

Contract – Breach – Settlement agreement – Recovery of debt – Allegation of fraud – Whether plaintiff induced to enter settlement agreement without intention to perform – Whether breach of agreement proved – Whether directors of first defendant personally liable – Whether first defendant had locus standi to file counterclaim – Whether oral agreement could be relied on in view of written settlement agreement – Whether fraud and/or misrepresentation proved against defendants – Whether plaintiff entitled to relief – Evidence Act 1950, s 91

Lee Yat Yu @ Lee Shoong Ying v Yong Mooi Fong and Chong Wan Tat (as the personal representatives of Chong Kaw Chai @ Chang Chin Wah, deceased) & 9 Ors [2024] 7 AMR 875, HC

Civil procedure – Interrogatories – Application for – Application filed regarding housing project – Judgment obtained against deceased in different suit based on agreement that RM2 million be paid to plaintiff after launch of housing project – Suit filed essentially against deceased's family members for declaration that plaintiff entitled to one-third of proceeds from housing project – Whether interrogatories could only be pursued in execution or enforcement proceedings of previous judgment – Whether interrogatories relevant or fishing expedition – Whether application if allowed would reduce issues and/or shorten trial – Whether application ought to be allowed

Messrs Chau & Thien (suing as a firm) v Datuk Teo Chit Ming @ Teo Chee Ming & 2 Ors [2024] 7 AMR 890, HC

Professions – Advocates and solicitors – Legal fees – Disputes over agreed legal fee – Amount paid by first defendant to law firm reflected as "part retainer fee" – Whether part of retainer fee remained payable by first defendant – Whether second and third defendants appointed law firm as their counsel – Whether second and third defendants agreed to retainer fee as claimed by law firm – Whether suit ought to be allowed

NAN v PAN [2024] 7 AMR 902, HC

Family law – Maintenance – Variation – Husband sought to vary and reduce monthly spousal maintenance awarded in 2002 and retained in 2015 – Husband's previous application dismissed in 2018 – Whether there was material change in circumstances to warrant reduction in monthly spousal maintenance pursuant to s 83 of the Law Reform (Marriage and Divorce) Act 1976 – Law Reform (Marriage and Divorce) Act 1976, s 83

Probis Financial Services Pty Limited (administrators appointed) v City Credit Investment Bank Limited [2024] 7 AMR 918, HC

Company law – Liquidator – Remuneration – Interim liquidator sought to be paid and reimbursed out of company's assets – Whether sums claimed by interim liquidator reasonable and justified – Whether application ought to be allowed – Companies Act 2016, ss 465(1), 466(1)(a), (c), 479(1), (2) – Labuan Companies Act 1990, s 131(1)

Quek Peck Keow (P) v Extra Excel (M) Sdn Bhd [2024] 7 AMR 928, HC

Arbitration – Agreement – Validity of – Plaintiff bound by defendant's policies and procedures ("P&P") as defendant's approved distributor – P&P contained provision on arbitration agreement – Defendant subsequently amended P&P unilaterally to improvise arbitration agreement and commenced arbitration proceedings – Plaintiff filed originating summons ("OS") seeking declaration that no arbitration agreement existed between parties – Application for injunction to restrain ongoing arbitration proceedings filed by plaintiff – Defendant applied to stay OS pending disposal of ongoing arbitration proceedings – Whether plaintiff bound by improvised arbitration agreement – Whether amended P&P applicable – Whether injunction and/or stay ought to be granted – Arbitration Act 2005, s 10 – Rules of Court 2012, Order 29

Civil procedure – Stay – Pending arbitration – Injunction – Plaintiff bound by defendant's policies and procedures ("P&P") as defendant's approved distributor – P&P contained provision on arbitration agreement – Defendant subsequently amended P&P unilaterally to improvise arbitration agreement and commenced arbitration proceedings – Plaintiff filed originating summons ("OS") seeking declaration that no arbitration agreement existed between parties – Application for injunction to restrain ongoing arbitration proceedings filed by plaintiff – Defendant applied to stay OS pending disposal of ongoing arbitration proceedings – Whether plaintiff bound by improvised arbitration agreement – Whether amended P&P applicable – Whether injunction and/or stay ought to be granted – Arbitration Act 2005, s 10 – Rules of Court 2012, Order 29

ThermoEx Engineering Sdn Bhd v Kokuladevan a/l Pasupathi & 3 Ors [2024] 7 AMR 936, HC

Tort – Damages – Breach of confidential information – Claim of conspiracy in first defendant's employment and resignation in plaintiff to obtain confidential information – Defendants counterclaimed that plaintiff's claim an abuse of court's process and unlawful interference with their businesses – Whether there was conspiracy between defendants to injure plaintiff – Whether there was breach of plaintiff's confidential information by defendants – Whether tort of unlawful interference with trade or business proven – Whether claim an abuse of court's process – Whether plaintiff proved its case on a balance of probabilities – Whether plaintiff entitled to claim for damages