Nai Nin Sararaksh v Five Star Heritage Sdn Bhd & 5 Ors (and 2 Other Appeals) [2023] 5 AMR 821, CA

Administrative law – Remedies – Judicial review – Appeal against – Indenture created in 1845 declared land held as public charitable trust for Thai and Burmese communities of Penang – Land partitioned into two pieces for trustees of each community – One portion of land further subdivided into two, one of which transferred to developer – Action commenced by aggrieved parties after obtaining Attorney General's ("AG") consent – High Court allowed challenge to said consent – Whether AG's consent correctly granted – Whether AG acted in bad faith in granting consent – Whether legally wrong – Whether public charitable trust had been converted into private trust – Whether appellate intervention warranted – Government Proceedings Act 1956, s 9

Trusts and trustees – Public charitable trust – Transfer of land – Indenture created in 1845 declared land held as public charitable trust for Thai and Burmese communities of Penang – Land partitioned into two pieces for trustees of each community – One portion of land further subdivided into two, one of which transferred to developer – Action commenced by aggrieved parties after obtaining Attorney General's ("AG") consent – High Court allowed challenge to said consent – Whether AG's consent correctly granted – Whether AG acted in bad faith in granting consent – Whether legally wrong – Whether public charitable trust had been converted into private trust – Whether appellate intervention warranted – Government Proceedings Act 1956, s 9

Sathiaseelan a/l Nagappan v Ketua Pengarah, Pertubuhan Keselamatan Sosial [2023] 5 AMR 844, CA

Labour law – Social security – Disablement benefits – Accident occurred during employee's journey back to work on Sunday from home to arrive at workplace on Monday morning – Social Security Organisation rejected employee's claim for temporary disability benefits – Decision affirmed by High Court – Whether accident an "employment injury" under s 24(1) under Employees' Social Security Act 1969 – Whether accident arose out of or in course of employment – Whether appellate intervention warranted – Employees' Social Security Act 1969, ss 2(6), 24(1), (1)(a), (b), (c), (2), 91, 91(2)

2WTrade LLP v Zepto Express Berhad [2023] 5 AMR 876, HC

Civil procedure – Judgments and orders – Foreign judgment – Recognition and enforcement of – Application to set aside and de-register judgment passed by High Court of England and Wales on grounds of meritorious defence and contravention of public policy – Whether registering court in Malaysia empowered to set aside foreign judgment – Whether foreign judgment contrary to Malaysia's public policy – Reciprocal Enforcement of Judgments Act 1958, ss 3, 4, 5 – Rules of Court 2012, Order 67 r 9, Order 92 r 4

OCBC Bank (Malaysia) Berhad v Tiong Chiong Hieh (sued in his personal capacity and as executor of the estate of Tiong Leh King (deceased)) & 3 Ors [2023] 5 AMR 887, HC

Land law – Charge – Third party charge – Application for order for sale – Land charged by chargors as securities for banking facilities granted by chargee to borrower – Borrower defaulted in repayment and statutory notices under s 148(1) of the Land Code (Cap 81) (Sarawak) issued by chargee to chargors – Whether statutory notices lawfully given and duly served – Whether there was pre-existing default in repayment or breach of terms of charge by chargors – Whether chargors same persons as borrowers – Interpretation Ordinance 2005 (Cap 61), s 3(5) – Land Code (Cap 81) (Sarawak), ss 25, 148(1), (1)(c), (2), (2)(c), (3), 150(3), 208, 244, Part X

Land law – Sale of land – Order for sale – Application for order for sale of hypermarket, being a portion of charged land – Whether charged land has been subdivided – Whether chargee entitled to seek order for sale of portion of charged land when no document of titles thereto have been issued – Whether within court's power to grant order for sale – Interpretation Ordinance 2005 (Cap 61), s 3(5) – Land Code (Cap 81) (Sarawak), ss 25, 148(1), (1)(c), (2), (2)(c), (3), 150(3), 208, 244, Part X

Wire & Wireless Sdn Bhd v Mohd Taib bin Hassan & 2 Ors [2023] 5 AMR 909, HC

Civil procedure – Setting aside – Judgment in default of appearance ("JID") – Service of writ and statement of claim effected by hand and prepaid mail post – Whether service invalid – Whether entry of JID in compliance with Order 13 r 7 of the Rules of Court 2012 ("the ROC") – Whether JID was regular and ought not to be set aside ex debito justitiae – Whether defence upon merits established – Whether application to set aside JID filed within time prescribed under Order 42 r 13 of the ROC rendering it liable to be dismissed – Rules of Court 2012, Order 10 rr 1, 3(1)(b), Order 12, Order 13, Order 13 r 7, Order 42 r 13

Zulkifli bin Ibrahim v Dewan Undangan Negeri Pulau Pinang & Anor [2023] 5 AMR 924, HC

Civil procedure – Amendments – Originating summons – Validity of Article 14A of Constitution of Penang – Whether conflicts with Article 10(1)(c) of the Federal Constitution ("FC") – Amendment sought to include violation of Article 10(1)(a) of the FC – Whether amendment would change character of suit – Whether amendment belated and/or bona fide – Constitution of Penang, Article 14A – Courts of Judicature Act 1964, s 84 – Federal Constitution, Articles 4(4), 10(1)(a), (c), 128(a)