(2025) All Malaysia Reports (AMR) - Week 28
Setia Awan Management Sdn Bhd v SPNB Aspirasi Sdn Bhd [2025] 5 AMR 225, CA
Arbitration – Arbitration agreement – Stay of proceedings pending reference to arbitration – Absence of seat of arbitration, number of arbitrators and appointment mechanism in agreement – Option given equally to parties to elect between court or arbitration – Key components of arbitration agreement – Whether agreement null, void and inoperative – Whether stay ought to be granted under s 10 of the Arbitration Act 2005 – Whether appealable error existed in dismissal of stay application –Arbitration Act 2005, ss 9, 10, 10(1)
Wong Zing Haw v Public Prosecutor [2025] 5 AMR 258, CA
Criminal law – Murder – Appeal against conviction and sentence – Appellant convicted of wife's murder – Deceased last seen chained to bed – Dismembered body disposed and head found on riverbank – Prosecution case based entirely on circumstantial evidence – Death penalty imposed – Whether guilt sufficiently established – Whether injuries inflicted by appellant – Whether conviction and sentence safe – Whether appellate intervention warranted – Penal Code, ss 300(c), 302
Jitendra Chhotalal Doshi & Anor v Pengarah Tanah Dan Galian Negeri Selangor & 3 Ors [2025] 5 AMR 284, HC
Administrative law – Remedies – Judicial review – Challenge to Gazette publication under Form D of Land Acquisition Act 1960 – Discrepancy in area acquired – Whether acquired area stated in Form D conclusive or amounted to final "decision" – Whether application premature – Whether alternative remedy available – Whether threshold for leave for judicial review satisfied – Land Acquisition Act 1960, s 14, Form D, Form G – Rules of Court 2012, Order 53 r 3(2)
Reliance Electro Mechanical Plumbing Contracting Co LLC (sebuah syarikat yang diperbadankan di United Arab Emirates dengan No. Peti Surat: 52027) v Zelan Holdings (M) Sdn Bhd [2025] 5 AMR 298, HC
Arbitration – Award – Enforcement of – Foreign arbitration award – Failure to exhibit original arbitration agreement or certified copy required under s 38(2)(b) of Arbitration Act 2005 – Whether fatal – Whether certified copy of subcontract agreement sufficient – Arbitration Act 2005, s 38(2)(b)
Civil procedure – Judgments and orders – Foreign arbitration award – Recognition and enforcement of – Failure to exhibit original arbitration agreement or certified copy under s 38(2)(b) of Arbitration Act 2005 – Whether fatal – Whether certified copy of subcontract agreement sufficient – Arbitration Act 2005, s 38(2)(b)
Salahuddin bin Shamsudin v Public Prosecutor [2025] 5 AMR 304, HC
Criminal law – Forfeiture of property – Appeal against – Lorry used in commission of offence under Animals Act 1953 forfeited – Whether magistrate complied with statutory requirement to call upon owner of lorry to show cause – Whether forfeiture order valid – Animals Act 1953, ss 36(7), 74(1), (2) (proviso)
Sri Bhumi Enterprise v Pendakwa Raya [2025] 5 AMR 311, HC
Criminal law – Offence under the Land Public Transport Act 2010 – Conditions attached to operator's licence – Weight of goods vehicle exceeded specified maximum – Application for vehicle forfeiture allowed post-conviction – Application for release of vehicle dismissed – Whether court functus officio – Whether forfeiture valid under s 80(4) of the Land Public Transport Act 2010 – Whether magistrate erred in law and fact in allowing forfeiture application – Land Public Transport Act 2010, ss 57(1)(a), (b)(vi), 80(1), (4)
Tan Sri Dato' Kam Woon Wah & 10 Ors v Dato' Sri Andrew Kam Tai Yeow [2025] 5 AMR 319, HC
Civil procedure – Action – Cause of action – Declaratory judgment – Application for declaration that defendant a vexatious litigant – Habitual and persistent institution of proceedings with re-litigation of concluded matters – Failure to pay costs and attempts to mislead court with multiple recusal applications – Whether conduct amounted to vexatious litigation – Whether declaration necessary to prevent further abuse – Mental Health Act 2001
