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(2024) All Malaysia Reports (AMR) - Week 9 (Part 1)

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Recently added cases from AMR to Westlaw Asia

Reventharen a/l Suppiah v Bar Council Malaysia [2024] 2 AMR 121, CA

Professions – Advocates and solicitors – Misconduct – Striking off the Roll – Appeal against – High Court rejected application for reinstatement to the Roll twice – Failure to transfer balance sum due under sale and purchase agreement to client – Advocate aged 68 and disbarred for eight years – Undertaking given to court to not be signatory to client's account – Whether advocate met requirements of change of character, penitence and restitution to entitle reinstatement – Whether s 94(2)(b) of the Legal Profession Act 1976 applicable – Whether non-disclosure of fact interconnected to complaint for which advocate already disbarred was fatal to reinstatement application – Legal Profession Act 1976, ss 94(2)(a), (b), 100(1)(b)

Azman bin Ibrahim v Aminah binti Muslim & 3 Ors [2024] 2 AMR 140, HC

Contract – Breach – Loan agreement – Claim for return of monies under investment agreement – Whether agreement disguised as transaction of moneylending – Whether purported investor was moneylender under s 10OA of MLA – Moneylenders Act 1951, s 10OA

Moneylenders – Moneylenders transaction – Outstanding amount – Claim for return of monies under investment agreement – Whether agreement disguised transaction of moneylending – Whether purported investor was moneylender under s 10OA of MLA – Moneylenders Act 1951, s 10OA

Global Explorer Sdn Bhd v JEKS BMC Sdn Bhd & Anor [2024] 2 AMR 157, HC

Contract – Breach – Construction contract – Damages – Claim by subcontractor against main contractor and consultant for unpaid variation works and additional works allegedly carried out for project – Whether contracts valid and/or existed – Whether claim time-barred – Whether subcontractor estopped from raising claims – Whether fraud committed by main contractor and consultant – Whether execution of letter of intent ("LOI") and subcontract agreement ("SCA") forged – Whether documents adduced during winding-up proceedings established fraud on part of main contractor and consultant – Whether LOI and SCA had been novated and/or abandoned – Whether subcontractor entitled to monetary claims raised and/or compensation under s 71 of the Contracts Act 1950 – Companies Act 2016, s 466(1)(a) – Contracts Act 1950, ss 71, 74

Mohd Khairul bin Abdullah v Public Prosecutor [2024] 2 AMR 200, HC

Dangerous drugs – Possession – Planting or cultivation of cannabis – Appeal against conviction and sentence – Cannabis plant with pot sealed and locked in cabinet by investigation officer three days after seizure – Whether there were doubts and break in chain of evidence – Whether plant proved to be cannabis – Whether identification of pot and plant proved – Whether prosecution established case – Whether accused ought to be acquitted and discharged –Dangerous Drugs Act 1952, ss 2, 6B(1), First Schedule, Part III

OTL Asia Sdn Bhd (dahulunya dikenali sebagai CKE Transport Agency Sdn Bhd) v Lee Yik Chieh & 2 Ors [2024] 2 AMR 216, HC

Tort – Damages – Breach of confidence – Conspiracy to injure – Allegation that former employees without authorisation used company's confidential information to benefit their newly incorporated company – Whether information confidential – Whether there was unauthorised use of said information to company's detriment – Whether tort of breach of confidence established – Whether conspiracy to injure company proved

By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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