Ermiadi v Public Prosecutor [2023] 4 AMR 697, CA

Criminal law – Offences affecting the human body – Murder – Appeal against conviction and sentence – Court relied on post-mortem report by pathologist and CCTV recordings to convict appellant for murder – Appellant sentenced to death – Grounds of inadmissibility of evidence raised – Whether reasonable doubt cast upon prosecution case – Whether pathologist's testimony fulfilled requirements under s 45 of the Evidence Act 1950 ("EA 1950") – Whether CCTV recordings not accompanied by certificate under s 90A of the EA 1950 wholly inadmissible – Whether conviction and sentence safe – Evidence Act 1950, ss 3, 27, 45, 90A, 90A(4) – Penal Code, s 302

Chua Heng Hong & 2 Ors v S Lite Electrical and Engineering Sdn Bhd & Anor [2023] 4 AMR 714, HC

Contract – Adjudication and payment dispute – Adjudication proceedings – Claim for declaration that adjudication proceedings void and breached share sale agreement – Ventilated issues before adjudication proceedings, raised again – Whether privity of contract existed to maintain claim – Whether plaintiffs barred by laches – Whether statutory right to refer payment claims to adjudication could be ousted by contract

Ian Chin Hon Chong (for himself and on behalf of all the affected judges who were appointed to the High Court in Sabah & Sarawak before 1 July 2015 and receiving their pensions and on behalf of all persons who are receiving their derivative pensions on account of the death of such judges) v The Government of Malaysia & Anor [2023] 4 AMR 731, HC

Civil procedure – Declaratory relief – Application for – Judges' Remuneration (Amendment) Act 2014 ("Act 1462") abolished previous formula for computation of pension under Judges' Remuneration Act 1971 putting judges at disadvantageous position – Whether pension rights altered to judges' disadvantage – Whether Act 1462 is void for being inconsistent with Article 125(7) and (9) of the Federal Constitution – Whether pension adjustment a form of additional benefit and not vested right – Whether parity principle applicable – Whether loss and damages in consequence of disadvantageous alteration proven on balance of probabilities – Federal Constitution, Article 125(7), (9) – Judges' Remuneration Act 1971, ss 15B(1), 19(2), First Schedule, Third Schedule, Fourth Schedule – Judges' Remuneration (Amendment) Act 1984 – Judges' Remuneration (Amendment) Act 2014 – Judges' Remuneration (Amendment of First and Fifth Schedules) Regulations 2016

Khaw Ee Ric & Anor (berniaga perniagaan di bawah gaya Thailicious Mookata Restaurant dan Zero Bistro & Pub) v Tang Wing Kean & Anor [2023] 4 AMR 760, HC

Contract – Breach – Tenancy agreement – Claim for alleged losses suffered and expenses incurred due to landlords' action in expelling and locking premises where tenants carried out their food and beverage business – Counterclaim for arrears of rental – Whether tenancy agreement breached by tenants – Whether tenants unlawfully evicted – Whether premises unlawfully locked and caused losses to tenants – Whether tenants proved their case on balance of probabilities – Whether entitled to damages – Whether counterclaim ought to be allowed – Bills of Exchange Act 1949 – Civil Law Act 1956, s 28(4)(a) – Evidence Act 1950, s 114(g) – Specific Relief Act 1950, s 7(2)

Kinta Recovery & Recyle Sdn Bhd v Pengarah Kastam Diraja Malaysia Negeri Perak & Anor [2023] 4 AMR 796, HC

Civil procedure – Injunctions – Interim injunction – Application for interim preservation of goods pending proceedings – Disputed classification and degree of perishable nature of imported goods – Whether goods imported under correct classification and tariff code – Whether Solid Waste and Public Cleansing Management Act 2007 applies to State of Perak – Whether interim measures ought to be granted to preserve goods – Customs Act 1967, s 10A – Environmental Quality Act 1974, s 34A – Rules of Court 2012, Order 29 r 2(1), (4) – Solid Waste and Public Cleansing Management Act 2007