Leong Kian Lee v Kilang Kelapa Sawit Fortuna Sdn Bhd [2024] 9 AMR 162, HC

Company law – Winding up – Petition – Family company – Irretrievable breakdown in mutual trust and confidence between members of company – Whether petition defective for wrong mode of commencement – Petitioner allegedly failed to include alleged "oppressor" in petition – Whether amounts to breach of natural justice – Whether such omission unfair and unjust – Whether a breakdown of mutual trust and confidence between parties exists – Whether just and equitable to wind up company – Companies Act 2016, ss 346, 465(1)(f), (h) – Rules of Court 2012, Order 88 r 2

Muhammad Hafiz bin Abdullah v Public Prosecutor [2024] 9 AMR 179, HC

Criminal law – Offences affecting the human body – Sexual assault on child – Appeal against conviction and sentence – Victims were step-daughter and biological daughter of accused – Incidents allegedly took place in 2010 and 2013 – Police report lodged by wife in 2014 – Whether magistrate erred in not considering material inconsistencies in testimonies of prosecution witnesses – Whether there was inordinate delay in filing police report – Whether reasonable explanations provided for delay – Whether testimonies of defence witnesses not properly evaluated – Whether conviction and sentence safe – Penal Code, ss 354, 377E

Criminal law – Offences affecting the human body – Unnatural offences – Inciting child to commit act of gross indecency – Appeal against conviction and sentence – Victims were step-daughter and biological daughter of accused – Incidents allegedly took place in 2010 and 2013 – Police report lodged by wife in 2014 – Whether magistrate erred in not considering material inconsistencies in testimonies of prosecution witnesses – Whether there was inordinate delay in filing police report – Whether reasonable explanations provided for delay – Whether testimonies of defence witnesses not properly evaluated – Whether conviction and sentence safe – Penal Code, ss 354, 377E

Perbadanan Pengurusan Bersama Main Place & 4 Ors v Loke Yeu Ling & 4 Ors [2024] 9 AMR 196, HC

Administrative law – Remedies – Judicial review – Strata Management Tribunal ("tribunal") allowed claim to nullify management corporation's ("MC") resolution for reimbursement of legal fees regarding suit initiated by parcel owners – Legal fees incurred charged to parcel owners' accounts – Whether MC mandated to charge parcel owners – Whether resolution passed valid under s 70 of the Strata Management Act 2013 – Whether resolution reflected intention of community – Whether tribunal's decision vitiated by illegality and procedural impropriety – Strata Management Act 2013, s 70

Sayadi Sdn Bhd v Leef @ Anwar bin Malandi & 24 Ors [2024] 9 AMR 213, HC

Civil procedure – Setting aside – Application for vacant possession – Order for possession obtained in 2018 – Application for leave to issue execution pursuant to Order 45 r 3 and Order 46 r 3 of the Rules of Court 2012 obtained in 2023 – Applicants applied to set aside order for possession outside prescribed time – Whether order for possession duly served on applicants – Whether 10 days' delay in filing setting aside application fatal – Whether order for possession ought to be set aside – Rules of Court 2012, Order 42 r 13, Order 45 r 3, Order 46 r 3, Order 89

Ganesan a/l Ramasamy v Blue Valley Plantation Berhad [2024] 9 AMR 221, HC

Company law – Shares – Transfer – Shares in company purchased from deceased – Transfer never completed – Deceased's wife obtained grant of probate for deceased's assets including shares – Consent order granted for shares to be transferred to purchaser – Refusal by company to effect transfer, citing previous consent orders which allegedly included said shares – Whether consent order enforceable – Whether purchaser had beneficial interest over shares despite incomplete transfer form – Whether transfer form unregistrable – Whether company's submission of no case to answer met legal requirements – Evidence Act 1950, s 114(g)

Note: All Malaysia Report Volume 9 cases are exclusively available online on Westlaw Asia