(2025) All Malaysia Reports (AMR) - Week 4
Pemungut Duti Setem v Ann Joo Integrated Steel Sdn Bhd [2025] 1 AMR 461, CA
Revenue law – Stamp duty – Remission – Letter of offer issued by bank to offer various credit facilities ("impugned instrument") – Notice of assessment set aside – Whether impugned instrument chargeable with duty – Whether fell under item 22(1)(a) of the First Schedule to the Stamp Act 1949 – Whether impugned instrument qualified for remission under Stamp Duty (Remission) (No. 2) Order 2012 – Amount chargeable for stamp duty – Stamp Act 1949, s 39(1), item 22(1)(a), (b) of First Schedule – Stamp Duty (Remission) (No. 2) Order 2012
Teo Chee Cheong v Chiam Siew Moi [2025] 1 AMR 476, CA
Family law – Ancillary relief – Division of assets and maintenance – Appeal and cross-appeal – High Court order made in favour of wife – High Court order included division of assets acquired before marriage and after wife left matrimonial home – Whether High Court's discretionary power under s 76 of the Law Reform (Marriage and Divorce) Act 1976 ("LRA") to divide and sell assets between parties correctly exercised – Whether definition of "property" in s 102(2) of the LRA could be applied in construction of s 76 – Ratio to be imposed in division of assets – Whether appeal or cross-appeal ought to be allowed – Courts of Judicature Act 1964, s 70 – Employees Provident Fund Act 1991, s 53A(1) – Evidence Act 1950, ss 101, 102 – Law Reform (Marriage and Divorce) Act 1976, s 76, 76(1), (2)(a), (d), (5) – Rules of the Court of Appeal 1994, rules 54, 96
Chinpakloong Architect v Genting Malaysia Berhad [2025] 1 AMR 540, HC
Civil procedure – Amendments – Reply and defence to counterclaim – Application filed to address issue allegedly raised by defendant during trial – Filing done after witness cross-examined on said issue – Whether there was delay in filing application – Whether proposed amendments would change character of plaintiff's defence – Whether application would cause injustice and prejudice defendant's position – Rules of Court 2012, Order 20 r 5
Kok Sin Machinery Sdn Bhd v MS Time Sdn Bhd [2025] 1 AMR 549, HC
Company law – Winding-up – Petition – Previous petition withdrawn pursuant to settlement agreement – Subsequent default by company led to issuance of statutory notice of demand – Whether debt disputed –Whether settlement agreement breached, disentitling petitioner from claiming debt – Whether presumption of inability to pay debt successfully raised – Whether petition ought to be allowed
Public Prosecutor v Badrul Hisham bin Shaharin [2025] 1 AMR 555, HC
Criminal procedure – Revision – Application for – Refusal of gag order against accused charged with defamation against the King – No reasons afforded – Whether gag order justified – Whether court's refusal improper and incorrect in view of offence – Whether revision ought to be allowed – Criminal Procedure Code, ss 316(2), 323, 325(1) – Penal Code, s 500
Criminal procedure – Trial – Gag order – Application for revision – Refusal of gag order against accused charged with defamation against the King – No reasons afforded – Whether gag order justified – Whether court's refusal improper and incorrect in view of offence – Whether revision ought to be allowed – Criminal Procedure Code, ss 316(2), 323, 325(1) – Penal Code, s 500
Re Goh Kiang Ann; Ex parte OCBC Bank (Malaysia) Berhad [2025] 1 AMR 565, HC
Bankruptcy – Creditor's petition – Leave to commence action – Appeal against – Judgment obtained against guarantor following default by principal borrower in respect of loan – Leave to commence bankruptcy action against guarantor granted – Whether affidavit in support of leave application admissible – Whether requirement of proof of authorisation under s 133(a) of the Insolvency Act 1967 and rule 215 of the Insolvency Rules 2017 ought to be complied – Whether all modes of execution and enforcement to recover debts exhausted before leave application – Whether appeal ought to be allowed – Companies Act 2016, ss 451(1), (2), 472(3), 483(1), 528(1) – Insolvency Act 1967, ss 5(3)(b), (4), (6), 133, 133(a) – Insolvency Rules 2017, rule 215
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