Lembaga Minyak Sawit Malaysia v Kyrox Sdn Bhd & Anor [2025] 4 AMR 685, CA

Administrative law – Remedies – Judicial review – Appeal – Seizure of used cooking oil ("UCO") by Malaysian Palm Oil Board ("Board") for alleged lack of export licence – Board offered seized UCO for sale to bidders pending settlement between parties – Whether offer letters amenable to judicial review – Whether offers bad in law and violated respondents' legitimate expectation – Whether error or misdirection existed in court's decision to allow respondents' claim – Federal Constitution – Malaysian Palm Oil Board Act 1998, s 53(1)

Allianz General Insurance Company (Malaysia) Berhad v Mohd Shahrizam bin Lazim & 3 Ors [2025] 4 AMR 699, HC

Insurance – Motor insurance – Third party claim – Liability of insurer – Whether passenger carried for hire or reward or in pursuance of contract of employment – Declaration sought – Whether insurer entitled to avoid liability based on s 91 of the Road Transport Act 1987 – Whether legitimate expectation existed – Principle of strict or absolute liability – Whether applicable, requiring insurer to indemnify innocent third party – Whether insurer obligated to disclose policy to third party – Road Transport Act 1987, s 91, 91(1)(b), proviso (bb)

Kee Lee Peow v Kee Jek Hee & 2 Ors [2025] 4 AMR 709, HC

Probate and administration – Grants of representation – Letters of administration pendente lite – Deceased's wife and daughter ("defendants") appointed as administrator of estate – Challenge by deceased's sister ("plaintiff") – Competing applications for appointments of administrator pendente lite between plaintiff and third party appointed by defendants as beneficiaries – Whether priority and balance of convenience should be given to beneficiaries' wishes – Whether security for costs warranted given plaintiff's financial position – Whether plaintiff proper person to be appointed as administrator pendente lite – Probate and Administration Act 1959, s 30 – Rules of Court 2012, Order 71 r 19

Khoh Keow Bok & 3 Ors v Ketua Pengarah Kastam, Jabatan Kastam DiRaja Malaysia & Anor [2025] 4 AMR 720, HC

Administrative law – Remedies – Judicial review – Imposition of travel ban on company directors for underpaid sales tax under s 31(2) of the Sales Tax Act 2018 – Whether decision on travel ban amenable to judicial review – Whether preconditions for travel ban met – Whether directors were about or likely to leave Malaysia – Whether travel ban rational and legal – Whether ouster clause which purports to limit court's power under s 59A of the Immigration Act 1959/63 constitutional – Federal Constitution, Articles 4(1), 121(1) – Immigration Act 1959/63, s 59A – Sales Tax Act 2018, s 31(1), (2), (6)

Maxi Wonder Sdn Bhd & 4 Ors v DCS Trading Sdn Bhd [2025] 4 AMR 738, HC

Civil procedure – Injunctions – Mareva injunction – Application filed to prevent plaintiffs from removing assests from Malaysia or disposing assets in Malaysia – Whether real danger of asset dissipation to defeat fruits of litigation existed – Whether issues raised ought to be determined at trial – Whether plaintiffs acted in bad faith – Whether application for security for costs more appropriate – Whether application ought to be granted – Rules of Court 2012, Order 18 r 19

Naili Holdings Sdn Bhd v Sabella Holdings Sdn Bhd [2025] 4 AMR 750, HC

Damages (General) – Assessment – Application for – Infringement of industrial designs – Whether plaintiff proved actual loss of profits – Proper method of calculating compensation – Fair royalty for parties where actual lost profits not established – Prism of reasonableness – Whether aggravated and exemplary damages should be awarded

Intellectual property – Industrial designs – Infringement of – Remedies – Assessment of damages – Whether plaintiff proved actual loss of profits – Proper method of calculating compensation – Fair royalty for parties where actual lost profits not established – Prism of reasonableness – Whether aggravated and exemplary damages should be awarded – Industrial Designs Act 1996, s 35(1), (3)

Reflex Media, Inc & Anor v Endeavor Standard Sdn Bhd & Anor [2025] 4 AMR 766, HC

Civil procedure – Judgment and orders – Recognition and enforcement of foreign judgment – Commercial transactions entered with residents of the United States of America ("US") through websites – Default judgment obtained against defendants in US court – Agreement for suit to be disposed of on point of law – Whether conflict of law rules applicable in determining jurisdiction of foreign court – Whether requirement of presence in foreign jurisdiction satisfied – Whether websites accessible by US residents sufficient to prove defendants' "presence" in the jurisdiction – What is required to have physical presence – Whether enforcement of US judgment would violate public policy – Whether judgment enforceable in Malaysia having regard to nature of statutory damages awarded by US court – Courts of Judicature Act 1964, s 23(1) – Reciprocal Enforcement of Judgments Act 1958 – Rules of Court 2012, Order 14A, Order 33 r 2

Sin Soon Hock Sdn Bhd v Menteri Kewangan Malaysia & Anor [2025] 4 AMR 794, HC

Administrative law – Remedies – Judicial review – Supply of bunker oil to cruises as fuel and sale of ships – Whether sale of bunker oil is zero-rated supply and not taxable under Goods and Services Tax Act 2014 ("the Act") – Whether included vessels designed or adapted for recreation and pleasure – Whether sale of ships constitutes export – Whether taxable under the Act – Goods and Services Tax Act 2014 – Royal Malaysian Customs' Guide on Shipping Industry, paragraphs 7, 11-18, 20, 21, 22, 25 – Goods and Services Tax (Zero Rated Supply) Order 2014, items 3, 4 of the First Schedule