(2025) All Malaysia Reports (AMR) - Week 3 (Part 2)
Tan Hoo Eng v Public Prosecutor [2025] 1 AMR 341, CA
Criminal procedure – Transfer of cases – Application for – Offences under s 409 of the Penal Code and s 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – Appeal against dismissal of application for transfer – Allegations of breach of accused's constitutional rights to fair trial and speedy trial – Investigation allegedly biased against accused – Whether prosecution of accused in Sessions Court tainted with mala fide and constituted abuse of court's process – Whether Sessions Court has jurisdiction and power to decide on constitutional issues – Whether High Court has discretion to transfer trial – Whether transfer application ought to be allowed – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, ss 4(1)(a), 44(1), 50(1) – Courts of Judicature Act 1964, ss 25, 25(2), 30(1), paragraph 12 of Schedule – Criminal Procedure Code, ss 4, 417(1), (1)(a), (b), (e), 418A(1) – Evidence Act 1950, ss 40, 41, 42, 43 – Penal Code, s 409
HAT v PAT [2025] 1 AMR 380, HC
Civil procedure – Courts – Jurisdiction – Forum conveniens – Application to set aside divorce petition and court order granting leave to husband to serve cause papers out of jurisdiction – Wife and children residing in Singapore – Court order sanctioned electronic methods of service including email and WhatsApp – Whether court order directing service of petition breached laws of Singapore – Whether service in accordance with laws of Singapore – Whether petition should be set aside – Whether Singapore court had jurisdiction and/or was proper forum to adjudicate divorce proceedings – Divorce and Matrimonial Proceedings Rules 1980, rule 87 – Rules of Court 2012, Order 11, Order 11 r 5(3) – Singapore Family Justice Courts Practice Directions 2015, paragraph 79 – Singapore Family Justice Rules 2014, rule 901(4)
Civil procedure – Service – Out of jurisdiction – Application to set aside divorce petition and court order granting leave to husband to serve cause papers out of jurisdiction – Wife and children residing in Singapore – Court order sanctioned electronic methods of service including email and WhatsApp – Whether court order directing service of petition breached laws of Singapore – Whether service in accordance with laws of Singapore – Whether petition should be set aside – Whether Singapore court had jurisdiction and/or was proper forum to adjudicate divorce proceedings – Divorce and Matrimonial Proceedings Rules 1980, rule 87 – Rules of Court 2012, Order 11, Order 11 r 5(3) – Singapore Family Justice Courts Practice Directions 2015, paragraph 79 – Singapore Family Justice Rules 2014, rule 901(4)
J&E Advance Tech Sdn Bhd v Mohamed Azmin bin Ali [2025] 1 AMR 401, HC
Civil procedure – Contempt of court – Committal proceedings – Application for leave of court – Alleged contemnor filed additional bundle of documents and new witness statement to replace unused witness statement ("documents") – Whether filing of said documents was fraud and attempt to mislead court and opposing party – Whether amounted to contempt – Whether unsigned and unsworn witness statement amounted to evidence under the Evidence Act 1950 – Whether application ought to be allowed – Evidence Act 1950
Pendakwa Raya v Chin Wei Ling [2025] 1 AMR 411, HC
Criminal procedure – Sentencing – Dangerous drugs offence – Plea of guilt – Life imprisonment imposed – Weight of drugs seized substantive – Implications of guilty plea – Whether courts have discretion to impose lesser punishment than life imprisonment in trafficking cases – Abolition of Mandatory Death Penalty Act 2023 – Criminal Procedure Code, s 112 – Dangerous Drugs Act 1952, ss 37(da), 39B(1)(a), (2)
Tom Eastwind 365 Sdn Bhd v Pemunya-Pemunya Kapal Atau Vesel Icon Sophi [2025] 1 AMR 421, HC
Tort – Negligence– Liability – Claim for damages – Defendant's tug damaged plaintiff's barge ("accident") – Whether defendant owed plaintiff duty of care in navigation of tug to avoid collision with barge – Whether damage to barge amounted to breach of duty of care – Reliance on doctrine of res ipsa loquitor – Whether applicable in instant case – Whether court bound to accept conclusion by defendant's expert witness regarding cause of accident – Whether condition that "there must be no evidence as to why or how the accident took place" satisfied – Whether plaintiff established its quantum of damages – Calderbank offer by defendant prior to commencement of suit – Whether plaintiff wrong in rejecting offer
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