Liew Ket Boh & Anor v Public Prosecutor [2024] 3 AMR 1, CA

Criminal law – Freezing, seizure and forfeiture – Forfeiture of property where there is no prosecution – Appeal against forfeiture order made against monies in bank accounts – Whether prosecution must prove "exact transactions" on bank accounts that were linked to predicate offence – Whether statements under s 112 of the Criminal Procedure Code admissible in application under s 56(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("AMLATFPUAA") – Whether statement under s 32 of the AMLATFPUAA that was derived from s 112 unreliable – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, ss 32, 56(1), 71 – Criminal Procedure Code, ss 112, 113

Nelson bin Jupilin v Public Prosecutor [2024] 3 AMR 23, HC

Criminal law – Offences affecting the human body – Rape – Appeal against conviction and sentence – Victim was accused's cousin – Victim was 16 years and 10 months at time of offence – Accused raised defence of consensual sex and intoxication – Whether victim consented to sexual intercourse – Whether victim's testimony corroborated – Whether trial judge erred in considering only public interest when passing sentence – Whether conviction and sentence safe – Whether appellate intervention warranted – Penal Code, s 376, 376(1)

Ng Poh Choong v Ling Galvanized Industries Sdn Bhd & Anor [2024] 3 AMR 39, HC

Civil procedure – Time – Extension of time – Assessment of damages proceedings – Judgment debtor filed reply to notice of assessment of damages after a year – Reply filed after rejection of leave to appeal by Federal Court against decision on liability – Whether judgment debtor ought to be granted extension of time to file reply – Whether just and fair to grant extension

Sika AG & 2 Ors v Nippon Paint (Malaysia) Sdn Bhd [2024] 3 AMR 45, HC

Intellectual property – Trade marks – Infringement and passing off – Disputes revolving products of different companies in similar trade – Defendant counterclaimed to invalidate plaintiffs' trade mark for breaching s 23 of the Trademarks Act 2019 ("the TMA") – Whether defendant aggrieved person under the TMA – Whether plaintiffs' mark ought to be invalidated – Whether defendant committed trademark infringement and/or passing off – Whether copyright subsists in plaintiffs' product description and data sheet ("works") – If so, whether defendant infringed copyright of plaintiffs' works and unlawfully interfered with plaintiffs' trade – Whether plaintiffs committed unlawful interference in trade against defendant by lodging false complaint on e-commerce platform – Trademarks Act 2019, ss 23, 47(1), 54

The Government of Malaysia v Emirtech International Limited & Anor [2024] 3 AMR 97, HC

Civil procedure – Summary judgment – Application for – Non-payment under notice of composite assessment ("notice") pursuant to agreement under s 96A(1) of the Income Tax Act 1967 ("the Act") – Whether notice duly served upon taxpayer company and its director – Whether director jointly and severally liable to pay outstanding amount under notice – Whether there were triable issues – Whether 10% increase applicable upon outstanding dues under notice – Whether suit premature – Income Tax Act 1967, ss 75A, 75A(1)(a), 96A(1), 103(1), (5), 106(1), 142(1)