(2025) All Malaysia Reports (AMR) - Week 26
Damien Thaman Divean (mewakili Pertubuhan Pelindung Khazanah Alam) & Anor v Majlis Eksekutif Negeri Selangor Darul Ehsan (Exco) & 6 Ors [2025] 4 AMR 917, CA
Administrative law – Remedies – Judicial review – Leave to commence judicial review dismissed – Challenge against decision to degazette part of Bukit Cherakah Forest Reserve under s 13 of the National Forestry Act 1984 – Whether appellants had locus standi – Whether application time-barred – Whether Gazette notifications amenable to judicial review – Whether requirement for public inquiry under amended s 11 of the National Forestry Act (Adoption) Enactment 1985 applies retrospectively – Forestry Act (Adoption) (Amendment) Enactment 2011 – National Forestry Act 1984, s 13 – National Forestry Act (Adoption) Enactment 1985, s 11 – Rules of Court 2012, Order 53 rr 2(4), 3(6)
Rockwills Trustee Berhad (disaman sebagai wasi harta pusaka si mati, Michael Joseph Monteiro) & 2 Ors v Code Brilliant Sdn Bhd (dalam penerimaan dan likuidasi) & Anor [2025] 4 AMR 946, CA
Civil procedure – Appeals – Further evidence – Leave sought to adduce cause papers from separate action – Allegation of double recovery of damages – Whether evidence existed prior to grant of High Court order – Whether appellants had knowledge or could have obtained evidence with reasonable diligence – Whether requirements under s 69(3) of the Courts of Judicature Act 1964 read with rule 7(3) and (3A) of the Rules of the Court of Appeal 1994 met – Whether justice warranted departure from strict procedural compliance – Courts of Judicature Act 1964, s 69, 69(3) – Rules of the Court of Appeal 1994, rules 7, 7(3), (3A), 27
Kalai anak Lawai v Public Prosecutor [2025] 4 AMR 957, HC
Criminal procedure – Sentencing – Adequacy of sentence – Guilty plea to charge of armed gang robbery under ss 395 and 397 of Penal Code – Sentence of 10 years' imprisonment and 10 strokes of whipping imposed – Whether alleged weak evidence in prosecution case a mitigating factor – Whether sentence manifestly excessive – Penal Code, ss 395, 397
Muhammed Yusoff Rawther v Dato' Seri Anwar bin Ibrahim [2025] 4 AMR 966, HC
Constitutional law – Courts – Reference of constitutional question by High Court – Civil suit against sitting Prime Minister – Application to refer questions to Federal Court under s 84 of the Courts of Judicature Act 1964 and/or Article 128(2) of the Federal Constitution ("FC") – Whether Prime Minister enjoys immunity from civil litigation for pre-office conduct – Whether civil suit infringed Articles 5(1), 8(1), 39, 40 and 43 of the FC – Whether questions posed were real, substantial and necessary for disposal of suit – Whether stay of trial pending reference should be granted – Courts of Judicature Act 1964, s 84, 84(2) – Federal Constitution, Articles 5(1), 8(1), 39, 40, 43, 128(2)
Sundra Rajoo a/l Nadarajah v Thirilogachandran @ Jayasangar a/l Shanmugasundaram (being sued in his representative capacity on behalf of the registered organization Pertubuhan Akitek Malaysia (PAM)) [2025] 4 AMR 982, HC
Tort – Defamation – Libel – Claim for damages – Persatuan Akitek Malaysia ("PAM") sued for defamatory statements published in article jointly presented with Lembaga Akitek Malaysia ("LAM") – Article published on LAM's website and in WhatsApp group – Whether words complained of defamatory and referred to plaintiff – Whether PAM published defamatory statements – Whether defences of justification and/or fair comment established – Damages and reliefs entitled by plaintiff – Societies Act 1966
