CIMB Bank Berhad v Suppiah a/l S Govindasamy & 5 Ors [2025] 2 AMR 469, CA

Land law – Charge – Validity of – Disputes over burial ground land held in public, religious and charitable trust – Land managed by Hindu Temple committee ("committee") – Chargors appointed as co-trustees of trust – Third party charge created by chargors in favour of bank for facilities – Committee sued for breach of trust, resulting in chargor's removal as trustees – Charge ordered to be discharged and land transferred to new trustees – Bank's application for order of sale of land dismissed – Whether trustees estopped from challenging charge after admitting its validity – Whether charge void for lack of Attorney General's written consent under s 9(1) of the Government Proceedings Act 1956 – Whether chargors had capacity to register charge – Whether bank privy to fraud by chargors – Whether charge contravened public policy – Whether "cause to the contrary" under s 256(3) of the National Land Code proven to defeat charge – Whether appellate intervention warranted – Government Proceedings Act 1956, ss 9(1), (1)(a)-(i), (2) – National Land Code, ss 92(2)(c), 241(1), 256(2), (3), 340(1), (2)(a)-(c), (4)(b) – Trustee Act 1949, s 21(1)

Muhammad Faiz bin Mohd Isa v Pendakwa Raya [2025] 2 AMR 510, CA

Criminal procedure – Sentencing – Dangerous drugs offence – Life imprisonment imposed – Appeal against sentence – First time offenders – Weight of drugs seized not substantial – Whether sentence manifestly excessive and ought to be interfered with – Dangerous Drugs Act 1952, ss 6, 12(2), 39(2A), 39B(1)(a), (2) – Penal Code, s 34 – Poisons Act 1952, s 30(3)

Ong Kwee Lee v Able Perfect Sdn Bhd [2025] 2 AMR 522, CA

Trust and trustees – Breach of – Private trust – Trust deed executed regarding mode of payment towards acquisition of company shares registered in respondent's name – Respondent sued for share acquisition costs and appellant counterclaimed for set-off of costs with declared dividend – Whether appellant beneficiary of shares – Whether trust deed private express or implied trust – Whether appellant entitled to enjoy dividends despite not having paid acquisition costs fully – Whether respondent held dividends on trust for appellant – Whether respondent's right to demand repayment of share acquisition costs was immediate

Agarwood Originals Malaysia Berhad (dahulunya Asia Plantation Capital Berhad) v Tiong Mai Hiong [2025] 2 AMR 538, HC

Civil procedure – Judgment in default – Setting aside – Defence of wrong party sued – Whether triable issues raised – Whether judgment in default ought to be set aside

Golden Palm Growers Berhad v MTrustee Berhad & 2 Ors (Suruhanjaya Syarikat Malaysia & 3 Ors – Interveners and Lim Keng Peo – Liquidator) [2025] 2 AMR 542, HC

Company law – Liquidators – Application for directions – Scheme under management company involving creation of interest under Interest Schemes Act 2016 wound up by court order – Liquidator sought directions for distribution of sale proceeds of scheme's assets – Notice issued to growers and creditors of scheme to submit proof of ownership and debts respectively – Whether employees of company could claim scheme's sale proceeds for their outstanding salary – Whether company owned any plots under scheme and entitled to refund from sale proceeds – Whether distribution of sale proceeds to be made pari passu – Interest Schemes Act 2016, ss 65, 67

Mohd Amir bin Abdollah v Penolong Pesuruhjaya Polis (ACP) Helmi bin Aris & 3 Ors [2025] 2 AMR 557, HC

Administrative law – Remedies – Judicial review – Police officer dismissed from service by Disciplinary Board ("DB") after pleading guilty to drug-related charge – Officer bound on bond of good behaviour under s 173A of Criminal Procedure Code ("CPC") – Whether any conviction recorded against officer since s 173A of the CPC invoked – Whether disciplinary proceedings null and irrational – Whether DB's decision ought to be quashed – Criminal Procedure Code, s 173A, 173A(2)(b) – Dangerous Drugs Act 1952, s 15(1)(a) – Federal Constitution, Article 135(2) – Public Officers (Conduct and Discipline) Regulations 1993, reg 3, 28(6), 33, 38(g)

Sharil @ Shahrir bin AB Samad v Tommy Thomas @ Mohan a/l K Thomas & 3 Ors [2025] 2 AMR 565, HC

Judges – Recusal – Application for – Judge dismissed first defendant's application to summarily strike out suit against him ("decision") – No appeal filed against decision – Application for recusal filed on grounds that decision unsupported by evidence and judge predetermined merits of suit – Whether application indirect attempt to challenge decision and circumvent s 68 of the Courts of Judicature Act 1964 – Whether recusal of judge warranted – Anti-Money Laundering, Anti- Terrorism Financing and Proceeds of Unlawful Activities Act 2001, s 4(1)(a) – Courts of Judicature Act 1964, s 68 – Federal Constitution, Article 145(3) – Income Tax Act 1967, s 113(1)(a)

Tan Lae Peng v Khoo Thean San & 2 Ors [2025] 2 AMR 579, HC

Company law – Member's rights – Oppression – Family company – Wife, minority shareholder, sought valuation and buyout order of her share – Allegations of oppression by husband (majority shareholder) and company secretary – Notice issued to remove wife as director – Whether there was oppression against wife – Whether company was "Ebrahimi" type company – Whether wife had legitimate expectation to remain in company's management as director – Whether company secretary was subject to s 346 of the Companies Act 2016 as officer or third party – Whether wife entitled to access company's records – Companies Act 2016, ss 245, 346