Attorney General of Malaysia v Sabah Law Society [2024] 8 AMR 673, FC

Administrative law – Remedies – Judicial review – Application for leave to appeal – Decision granting Sabah Law Society ("SLS") leave for judicial review affirmed by Court of Appeal – Second review of special grant for Sabah not made by end of 1974 as provided for under Article 112D of the Federal Constitution – Allegation of breach by federal government towards Sabah – Whether leave to appeal ought to be granted – Whether SLS's judicial review application within Federal Court's exclusive jurisdiction – Whether SLS had locus standi to initiate judicial review – Whether matter justiciable – Courts of Judicature Act 1964, s 96 – Federal Constitution, Articles 112C, 112D, 128, 128(1)(b), Tenth Schedule, section 2(1)(a), (b)

Kerajaan Malaysia & 19 Ors v Norfazlin binti Zamani [2024] 8 AMR 687, CA

Tort – Negligence – Medical negligence – Appeal against quantum for pain and suffering, aggravated damages, getting up costs and out-of-pocket expenses – Patient suffered serious bladder injuries leading to psychiatric issues after undergoing emergency caesarean section – Patient's complaints of pain after surgery ignored – Patient removed fallopian tubes to avoid future pregnancies due to traumatic experiences – Admission of liability by government after three years – Whether quantum of damages awarded by the High Court should be reduced

Malbumi Development Sdn Bhd & 2 Ors v Redfortunes Sdn Bhd [2024] 8 AMR 699, HC

Civil procedure – Stay – Order for sale – Appeal against dismissal of stay application – Appeal on ground that prohibitory order expired when order for sale granted – Order for prohibitory order be renewed for further six months obtained in order for sale – Whether prohibitory order had lapsed when renewal order presented – Whether separate renewal order should have been obtained – Whether order for sale presented for registration at Land Office after its expiry – Whether special circumstances existed to stay order for sale – Courts of Judicature Act 1964, ss 3, 18(1) – Rules of Court 2012, Order 3 r 4, Order 31 rr 1, 2, Order 47 rr 1, 6(g), 7

Prince Court Medical Centre Sdn Bhd v Lim Yoke Har (bertindak melalui anak lelaki dan wakil litigasinya, Goh Seng Cha) & 3 Ors (and Another Suit) [2024] 8 AMR 707, HC

Tort – Negligence – Medical negligence – Claim for damages – Patient admitted to private hospital ("the hospital") for dengue fever, fell from hospital bed – Patient suffered severe brain damage – Refusal by hospital to disclose complete incident reports and internal nursing review conducted on the fall ("documents") – Whether documents produced incomplete, edited or "cooked up" – Whether hospital and its staff negligent in care and discharge of duties to patient – Whether adverse inference ought to be drawn against hospital for not reporting fall to Ministry of Health – Whether all appropriate steps required during patient's treatment taken by hospital's staff – Whether hospital knew of patient's earlier fall at home – Whether patient entitled to damages and interest – Rate of interest – Whether claim for traditional treatment could be allowed – Whether plaintiff entitled to ask for Sanderson order – Evidence Act 1950, ss 114(g), 165 – Traditional and Complementary Medicine Act 2016