(2025) All Malaysia Reports (AMR) - Week 23 (Part 2)
The New Straits Times Press (Malaysia) Berhad v Aideah Communication Sdn Bhd [2025] 4 AMR 457, FC
Contract – Agreements – Revenue sharing agreement – Appeal – Claim for commission payments allowed and counterclaim for counter surcharge for shortfall of minimum guaranteed sum dismissed – Whether operative provision for minimum guaranteed sum existed – Whether burden of proof to enable reliance on "reasonable endeavours" clause in contract lies on obligor – Whether appealable error committed – Contracts Act 1950, ss 10(1), 26, 30, 71 – Evidence Act 1950, s 92
Classic Maritime Inc v Lion Diversified Holdings Berhad (dalam penggulungan) & Anor [2025] 4 AMR 513, CA
Civil procedure – Setting aside – Appeal against – Dismissal of application to set aside liquidator's decision – Sale of shares by public tender effected by liquidator upon grant of sale by High Court ("HC") – Whether liquidator failed to obtain highest bid – Whether liquidator breached duty – Whether HC functus officio to adjudicate setting aside application in view of grant of sale – Whether setting aside of liquidator's decision or HC's grant of sale order sought – Whether s 517 of Companies Act 2016 applicable – Companies Act 2016, s 517
Company law – Winding up – Liquidators – Appeal – Dismissal of application to set aside liquidator's decision – Sale of shares by public tender effected by liquidator upon grant of sale by High Court ("HC") – Whether liquidator failed to obtain highest bid – Whether liquidator breached duty – Whether HC functus officio to adjudicate setting aside application in view of grant of sale – Whether setting aside of liquidator's decision or HC's grant of sale order sought – Whether s 517 of Companies Act 2016 applicable – Companies Act 2016, s 517
GIC Consultancy Sdn Bhd v Wealthy Homes Expert Solutions Sdn Bhd [2025] 4 AMR 531, HC
Contract law – Breach – Oral agreement – Dispute as to agreed commission payable for sale of housing units – Discrepancies in evidence provided in pleadings – Applicable rate of commission payable – Whether burden of proof to prove claim discharged – Whether necessary for court to consider defence proved
TIN v HIN [2025] 4 AMR 545, HC
Family law – Divorce – Petition and cross-petition – Husband sought joint guardianship and custody of child and division of matrimonial assets located in France – Wife cross-petitioned for sole guardianship and custody of child and spousal maintenance – Whether husband obligated to pay spousal and/or child maintenance – Whether joint or sole guardianship and custody of child should be granted – Whether Malaysian court possessed jurisdiction over matrimonial properties located in France – Whether division of matrimonial properties warranted – Evidence Act 1950, s 114(g) – Law Reform (Marriage and Divorce) Act 1976, s 76
