Pesuruhjaya Bangunan Kawasan Pentadbiran Majlis Bandaraya Pulau Pinang v Perbadanan Pengurusan Mar Vista Resort [2024] 8 AMR 221, CA

Administrative law – Powers, rights and duties – State authority ("SA") – Management corporation requested adjournment of annual general meeting ("AGM") from Commissioner of Buildings ("COB") – Whether COB empowered under Strata Management Act 2013 ("SMA") to suspend any provisions under the SMA including allowing adjournment of strata scheme's AGM – Statutory interpretation of SA's delegated powers under the SMA – Whether appeal academic as AGM held prior to hearing – Interpretation Acts of 1948 and 1967 – Strata Management Act 2013, ss 1(7), 4(1) – Strata Titles Act 1985

Building and common property – Management corporation – Adjournment of annual general meeting ("AGM") – Whether Commissioner of Buildings ("COB") empowered under Strata Management Act 2013 ("SMA") to suspend any provisions under the SMA including allowing adjournment of strata scheme's AGM – Statutory interpretation of state authority's delegated powers under the SMA – Whether appeal academic as AGM held prior to hearing – Interpretation Acts of 1948 and 1967 – Strata Management Act 2013, ss 1(7), 4(1) – Strata Titles Act 1985

Public Prosecutor v Muhamad Syukri bin Ishak & 24 Ors [2024] 8 AMR 250, CA

Criminal procedure – Revision – Appeal against – Revision application dismissed by High Court ("HC") – Sessions Court ("SC") refused to admit witness statement – Direction for oral evidence to be given – Whether witness statement to be used only as "guide" – Whether SC's decision amenable for revision under s 323 of the Criminal Procedure Code ("CPC") – Whether HC's decision appealable – Scope of HC's authority – Whether within interlocutory rulings under s 323 of the CPC – Whether SC could reject witness statement – Whether SC's ruling that witness statement to be used as "guide" contravened s 402B of the CPC – Whether HC fell into error in maintaining SC's ruling – Courts of Judicature Act 1964, ss 31, 35, 35(1), 50(1)(b) – Criminal Procedure Code, ss 323, 402B, 402B(1), (2) – Malaysian Anti-Corruption Commission Act 2009, s 16(a)(B)

City One Management Corporation v LJ Harta Sdn Bhd [2024] 8 AMR 264, HC

Building and common property – Maintenance charges – Car parks – Management corporation ("MC") sought recovery of unpaid maintenance and other charges for basement car parks – Claim included period prior to MC's existence – Whether MC had locus standi to maintain suit – Whether claim time-barred – Whether computation of claim reasonable and correct – Whether car parks maintained by MC – Whether non-compliance with time period for payment in Form 20 under reg 31 of the Strata Management (Maintenance and Management) Regulations 2015 fatal – Strata Management Act 2013, ss 38, 27, 28 – Strata Management (Maintenance and Management) Regulations 2015, reg 31, Form 20

Malayan Banking Berhad v Mines Resort Sdn Bhd (in liquidation) [2024] 8 AMR 281, HC

Civil procedure – Stay – Appeal – Summons for directions ("SFD") filed for further action after procuring order for sale of lands – Application for stay of SFD allowed pending appeal of suit challenging validity of charge on lands – Whether special circumstances existed for stay of SFD to be granted – Whether appeal against stay ought to be allowed

Land law – Sale of land – Order for sale – Summons for directions ("SFD") filed for further action after procuring order for sale of lands – Application for stay of SFD allowed pending appeal of suit challenging validity of charge on lands – Whether special circumstances existed for stay of SFD to be granted – Whether appeal against stay ought to be allowed

Sim Kooi Chuan & 4 Ors v Nelson Sim Ping Hun (sebagai wasi harta pusaka Sim Ban Hong, si mati) [2024] 8 AMR 289, HC

Probate and administration – Wills – Validity of – Grandfather ("deceased") bequeathed almost all his estate to his grandson living with him, to the exclusion of his children living abroad – Will and probate obtained by grandson challenged by deceased's children – Whether undue influence and/or suspicious circumstances established rendering will void – Whether probate issued by court ought to be revoked

Trip4Asia Sdn Bhd & Anor v Dowindon Travel Sdn Bhd & 2 Ors [2024] 8 AMR 315, HC

Contract – Breach – Damages – Claim and counterclaim arising out of contract for procurement of two charter flights – First defendant obtained advance payment despite its inability to procure one of the two charter flights – Whether contract breached by defendants – Whether fraud perpetrated by first defendant, its director and employee – Whether plaintiffs entitled to damages as claimed – Whether first plaintiff prematurely terminated contract – Whether counterclaim for cancellation charges ought to be allowed