(2024) All Malaysia Reports (AMR) - Week 13
Datuk Haji Idris bin Haji Bujang & Anor (perayu-perayu membawa tindakan ini untuk diri mereka dan bagi pihak lain dan mewakili semua pihak dengan kepentingan dan bersama yang dinyatakan secara khusus dalam Jadual A) v Ketua Pentadbir Parlimen Malaysia & 2 Ors [2024] 2 AMR 849, CA
Constitutional law – Legislation – Applicability of Members of Parliament (Remuneration) (Amendment of First Schedule) Order 2015 ("2015 Order") – Former Members of Parliament sought pensions adjustment to account for increased salaries based on Members of Parliament (Remuneration) (Amendment) Act 2015 – 2015 Order provided adjustment to pensions to account for increment in salaries no longer applicable – Whether appellants had vested right to receive pension – Whether 2015 Order applicable retrospectively – Federal Constitution, Articles 132, 147, 160(2) – Interpretation Acts 1948 and 1967, ss 2, 20, 30(1)(b) – Members of Parliament (Remuneration) Act 1980, ss 8, 12, First Schedule, paragraphs 2, 19A, 20 – Members of Parliament (Remuneration) (Amendment) Act 2015 – Members of Parliament (Remuneration) (Amendment of First Schedule) Order 2015, paragraphs 1(5), 2(i)
ART v GAN (No. 2) [2024] 2 AMR 873, HC
Family law – Children – Custody – Cross-applications to vary consent order for custody, care and control of child – Post separation from husband, wife resided with child in Vietnam – Husband breached consent order by unilaterally relocating child to Malaysia without wife's consent – Husband alleged wife to be unfit mother – Whether affidavit in reply to application defective for being affirmed only in English language – Whether there was material change in circumstances post consent order to warrant variation – Rules of Court 2012, Order 41 r 4, Order 92 r 4
Bumient Development Sdn Bhd v Abdul Hamid bin Hassim & Anor [2024] 2 AMR 887, HC
Land law – Caveats – Private caveat – Removal of – Director of Lands and Surveys Department reversed Assistant Collector of Land Revenue's decision to refuse removal of caveat on land – Whether caveator had caveatable interest in land – Whether there were serious questions to be tried – Whether balance of convenience lay in favour of caveator
Frankie Chaong anak Lagi v Public Prosecutor [2024] 2 AMR 896, HC
Criminal procedure – Sentencing – Appeal – Accused pleaded guilty to charge of gang robbery which incorrectly mentioned s 394 of the Penal Code instead of s 395 – Sentence of 12 years' imprisonment and five strokes of whipping – Whether error in section mentioned in charges occasioned failure of justice – Whether accused could be misled into pleading guilty to charge by mistake due to such error – Whether sentence manifestly excessive and ought to be interfered with – Penal Code, ss 394, 395
General Video, LLC v Asustek Computer Malaysia Sdn Bhd & Anor [2024] 2 AMR 904, HC
Intellectual property – Patents – Infringement – Patents related to formatting of audio and visual signals – Allegation of infringement by defendants' devices which are allegedly capable of generating audio and visual data formatted according to patents – Whether plaintiff's patents claimed to be infringed – Whether plaintiff as beneficiary complied with requirements to bring infringement action in its own name – Whether plaintiff had locus standi to file action – Whether infringement of patents proved – Whether defendants made, imported, sold, used or stocked devices – Patents Act 1983, s 61 – Patents Regulations 1986
Suhana binti Samad & Anor v Pendakwa Raya [2024] 2 AMR 924, HC
Criminal law – Offences against property – Criminal breach of trust by public servant – Immigration officers charged, convicted and sentenced on seven counts of criminal breach of trust – Whether ingredients of offence under s 409 of the Penal Code proved – Whether testimony of prosecution witnesses credible – Whether prosecution's failure to state how offence committed in charges, caused a miscarriage of justice – Criminal Procedure Code, s 154 – Penal Code, s 409
Tan Ngee Hiong v Tenaga Nasional Berhad [2024] 2 AMR 941, HC
Public authorities – Statutory body – Supply of electricity – Magistrate allowed claim for loss of revenue for electricity supply resulting from meter tampering – Whether material facts considered by magistrate – Whether magistrate erred in law and fact – Whether appellate intervention warranted – Electricity Supply Act 1990, ss 37(1), (3), (14), 38(4)
Tenaga Nasional Berhad v Majlis Bandaraya Melaka Bersejarah [2024] 2 AMR 953, HC
Administrative law – Remedies – Judicial review – Application to quash decisions of local government authorities with respect to imposition of rates on 263 transmission line towers erected by applicant as licensee – Whether notices for imposition of revised rates defective due to non-compliance with s 137 of the Local Government Act 1976 ("the Act") – Whether applicant owner of transmission line towers under the Act – Whether applicant liable to pay revised rates under s 137 and/or s 163 of the Act – Electricity Supply Act 1990 – Local Government Act 1976, ss 2, 137, 141