(2025) All Malaysia Reports (AMR) - Week 31 (Part 1)
Aurelia Joie Thai (mendakwa sebagai Pengarah Maxter Glove Manufacturing Sdn Bhd (No. Syarikat: 199101019525 (229862-H)) dan membawa tindakan ini untuk kepentingan Maxter Glove Manufacturing Sdn Bhd) v Maxter Glove Manufacturing Sdn Bhd & Anor [2025] 5 AMR 581, HC
Company law – Derivative action – Leave to commence action on behalf of company – Director of wholly-owned subsidiary sought leave to sue fellow director – Acquisition allegedly made without proper board approval – Whether requirements under s 348 of the Companies Act 2016 satisfied – Whether action filed in good faith – Whether allegation against fellow director established – Whether director of subsidiary must act in accordance with wishes of parent company – Whether accounting treatment of asset acquisition irregular or improper – Companies Act 2016, ss 347(1), (2), 348, 348(4)
Inderpal Singh a/l Siminder Singh v MSIG Insurance (Malaysia) Bhd [2025] 5 AMR 592, HC
Contract – Insurance policy – Breach of contract – Rejection of indemnity claim on grounds of fraud and staged accident – Validity of notice to insurer – Whether notification requirements complied with – Whether fraud or staged accident proved – Whether insured entitled to indemnity – Whether insurer's rejection of claim amounted to negligence or malice
Insurance – Motor insurance – Indemnity claim – Rejection of indemnity claim on grounds of fraud and staged accident – Validity of notice to insurer – Whether notification requirements complied with – Whether fraud or staged accident proved – Whether insured entitled to indemnity – Whether insurer's rejection of claim amounted to negligence or malice
Tort – Negligence – Breach of duty – Insurance claim – Rejection of indemnity claim on grounds of fraud and staged accident – Validity of notice to insurer – Whether notification requirements complied with – Whether fraud or staged accident proved – Whether insured entitled to indemnity – Whether insurer's rejection of claim amounted to negligence or malice
Medcellence Manufacturing v Getha (1969) Sdn Bhd & Anor [2025] 5 AMR 612, HC
Contract – Breach – Sale of goods – Claim for refund of deposit – Non-delivery of goods by third-party supplier in supply chain involving intermediary – Whether intermediary liable for third-party supplier's breach – Liability for refund of deposit – Whether suit ought to be allowed against intermediary
Muhammed Yusoff Rawther v Dato’ Seri Anwar bin Ibrahim (Ketua Pengarah Jabatan Siasatan Jenayah Polis DiRaja Malaysia, Bukit Aman & Anor – Parties sought to be discovered) [2025] 5 AMR 627, HC
Civil procedure – Discovery and inspection of documents – Application for – Production of polygraph test results sought from third party to prove case – Whether relevant and necessary under Order 24 r 7A of the Rules of Court 2012 – Whether judicial estoppel applied – Whether polygraph test results applicable and admissible in civil cases – Whether privileged under s 124 of the Evidence Act 1950 – Evidence Act 1950, s 124 – Rules of Court 2012, Order 24 r 7A
Re PESTECH International Berhad [2025] 5 AMR 642, HC
Company law – Corporate rescue – Scheme of arrangement – Pre-packaged scheme under s 369C of the Companies Act 2016 – Application for court sanction – Whether sufficient disclosure made – Whether proper classification of creditors and notional voting done – Whether statutory preconditions fulfilled – Whether scheme fair and bona fide – Whether excluded non-scheme creditors treated unfairly – Companies Act 2016, ss 366, 366(3), 367, 369C, 369C(1), (3)(d)
Tan Seng Huat v Public Prosecutor [2025] 5 AMR 684, HC
Criminal law – Offences against property – Cheating and dishonestly inducing delivery of property – Appeal against conviction and sentence – Forgery – Two charges preferred against appellant without stating number of distinct offences involved – Whether charges duplicitous and involved misjoinder of offences – Whether consolidation of multiple distinct offences into single charge valid – Whether miscarriage of justice occurred – Whether trial judge erred in law and facts – Whether offence under s 471 of the Penal Code sustainable without proof of forgery – Criminal Procedure Code, ss 129, 164(1), 422 – Penal Code, ss 465, 471
Criminal procedure – Charges – Framing or particulars of – Appellant convicted and sentenced for two offences of forgery – Charges did not state number of distinct offences involved – Whether charges duplicitous and involved misjoinder of offences – Whether consolidation of multiple distinct offences into single charge valid – Whether miscarriage of justice occurred – Whether trial judge erred in law and facts – Whether offence under s 471 of the Penal Code sustainable without proof of forgery – Criminal Procedure Code, ss 129, 164(1), 422 – Penal Code, ss 465, 471
