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(2025) All Malaysia Reports (AMR) - Week 31 (Part 2)

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Recently added cases from AMR to Westlaw Asia

Ahmad Rizal bin Umar v Public Prosecutor [2025] 5 AMR 701, CA

Criminal law – Offences affecting the human body – Murder – Appeal against conviction and death sentence – Accused convicted of murder – Defence of third party robbery – Whether accused's injuries consistent with combative encounter – Whether circumstantial evidence sufficient to sustain conviction – Whether injuries that resulted in deceased's death caused by accused – Whether case proved beyond reasonable doubt – Whether death sentence ought to be maintained – Criminal Procedure Code, ss 112, 182A(1), (2) – Penal Code, s 302

Marzaidi bin Mohammad (suing as the guardian/next friend and the litigation representative for Muhammad Muhriz bin Marzaidi) & Anor v Mohamed Affendi bin Khairuddin (and Another Appeal) [2025] 5 AMR 726, CA

Damages (Personal injuries or death) – Fatal accident – Disputes regarding distribution of goodwill payment arising from deceased's death in air crash – Whether goodwill payment formed part of deceased's estate – Whether plaintiffs estopped from claiming distribution – Whether plaintiffs relinquished rights to sue airline by declining to join suit filed by deceased's husband – Jurisdiction of civil court to order distribution according to faraid order passed by Syariah court – Civil Law Act 1956, s 7(1), (2)

Probate and administration – Intestate estate – Beneficiaries – Disputes regarding distribution of goodwill payment arising from deceased's death in air crash – Whether goodwill payment formed part of deceased's estate – Whether plaintiffs estopped from claiming distribution – Whether plaintiffs relinquished rights to sue airline by declining to join previous suit filed by deceased's husband – Jurisdiction of civil court to order distribution according to faraid order passed by Syariah court – Civil Law Act 1956, s 7(1), (2)

Hong Leong Islamic Bank Berhad v Sonata Crest Sdn Bhd (Megafest Sdn Bhd (di dalam likuidasi) – Proposed Intervener) [2025] 5 AMR 757, HC

Civil procedure – Parties – Intervention – Application to intervene in foreclosure proceedings – Original registered proprietor ("applicant") sought recovery of land transferred to defendant – Charge created over land by third-party borrower – Land auctioned off following borrower's default – Stay of judicial sale sought pending appeal against dismissal of recovery suit – Whether applicant retained proprietary right over land – Whether pleadings disclosed grounds to defeat registered title – Whether fresh suit required – Whether applicant entitled to intervene and seek stay pending appeal – Whether court functus officio – Whether relief to invalidate auction premature – National Land Code, s 340(2) – Rules of Court 2012, Order 83 – Rules of the High Court 1980, Order 83

Land law – Foreclosure – Application to intervene and stay auction – Original registered proprietor ("applicant") sought recovery of land transferred to defendant – Charge created over land by third-party borrower – Land auctioned off following borrower's default – Stay of judicial sale sought pending appeal against dismissal of recovery suit – Whether applicant retained proprietary right over land – Whether pleadings disclosed grounds to defeat registered title – Whether fresh suit required – Whether applicant entitled to intervene and seek stay pending appeal – Whether court functus officio – Whether relief to invalidate auction premature – National Land Code, s 340(2) – Rules of Court 2012, Order 83 – Rules of the High Court 1980, Order 83

Mohd Zaid bin Ibrahim & 2 Ors v Badan Peguam Malaysia & Anor [2025] 5 AMR 773, HC

Tort – Defamation – Libel – Press release by Bar Council President alleging professional misconduct in high-profile criminal appeal – Whether impugned statements bore defamatory meaning – Whether reference to plaintiffs established – Whether defamation established – Whether conspiracy to injure proved – Whether breach of statutory duty under the Legal Profession Act 1976 established – Whether s 90 of the Legal Profession Act 1976 creates civilly enforceable duty – Legal Profession Act 1976, ss 42(1)(d), 90, 99

Perbadanan Pengurusan Bay Avenue v Tribunal Pengurusan Strata & 17 Ors [2025] 5 AMR 798, HC

Administrative law – Remedies – Judicial review – Application for stay – Request by parcel owners for extraordinary general meeting ("EGM") to be conducted – Commissioner of Building ("COB") issued directions to convene EGM – Tribunal dismissed claim challenging parcel owners' request and COB's directions – Whether stay of COB's directions warranted pending judicial review – Whether grounds for stay stated in application – Whether stay prejudicial to parcel owners – Rules of Court 2012, Order 53 r 3(2) – Strata Management Act 2013

Sharipah Marhaini binti Syed Ali v Majlis Bandaraya Petaling Jaya & Anor [2025] 5 AMR 808, HC

Administrative law – Remedies – Judicial review – Long-serving officer appointed as secretary of local authority until her retirement – New secretary appointed before expiry of officer's tenure – Officer reassigned to another role – Whether reassignment constituted a demotion – Whether right to be heard breached – Whether decision-making power vested in state authority or local authority – Whether judicial review maintainable – Whether local authority's conduct unreasonable and/or illegal – Local Government Act 1976, ss 2, 16(4)

 

By Thomson Reuters Malaysia Editorial Team
Malaysia Editorial Team

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