Airbus Helicopters Malaysia Sdn Bhd (formerly known as Eurocopter Malaysia Sdn Bhd) v Aerial Power Lines Sdn Bhd [2024] 3 AMR 125, CA

Arbitration – Arbitration agreement – Stay of proceedings pending reference to arbitration – Extension of time sought to file defence – Whether request for extension of time constitutes waiver of right to arbitration or estopped from asserting arbitration – Whether defendant had taken "any other steps in the proceedings" – Whether there was clear and unequivocal intention to abandon arbitration – Whether defendant acted promptly to file stay application before next case management date – Whether arbitration agreement valid, operative and capable of being performed – Arbitration Act 2005, s 10(1) – Rules of Court 2012, Order 18 r 2(1) – Arbitration Act 1996 (United Kingdom), s 9

Mohd Hafiz bin Mohamad v Public Prosecutor [2024] 3 AMR 148, CA

Criminal procedure – Sentence – Appeal against death sentence – Accused charged under s 302 of the Penal Code – Deceased stabbed and slashed multiple times with butcher knife – Whether imposition of death penalty warranted – Whether could be set aside and replaced with imprisonment or other punishments – Abolition of Death Penalty Act 2023 – Penal Code, s 302

Au Yong Kin Choy v Chow Ayi Lian [2024] 3 AMR 153, HC

Family law – Ancillary relief – Division of matrimonial assets – Four properties acquired during 29 years of marriage – Three properties registered in name of wife – Whether properties were matrimonial properties, liable to be divided equally – Whether wife could claim rental from husband for his occupancy in one of the properties – Whether wife entitled to other monetary claims of rentals and compensation for furniture allegedly stolen by husband

Family law – Divorce – Petition and cross-petition – Dispute regarding division of assets – Four properties acquired during 29 years of marriage – Three properties registered in name of wife – Whether properties were matrimonial properties, liable to be divided equally – Whether wife could claim rental from husband for his occupancy in one of the properties – Whether wife entitled to other monetary claims of rentals and compensation for furniture allegedly stolen by husband

Chan T’Shiao Li & Anor v Malcom Fernandez & 2 Ors (Low Beng Choo – Proposed Intervener)         [2024] 3 AMR 175, HC

Civil procedure – Parties – Joinder of parties – Intervention – Application by proposed intervener to be added as defendant – Serious allegations levelled against defendant – Whether proposed intervener allegedly prepared and witnessed impugned will of deceased under suspicious circumstances – Whether proposed intervener had right to intervene to defend reputation – Whether application ought to be allowed – Whether reliefs sought against proposed intervener – Rules of Court 2012, Order 15 r 6(2)(b)

Doa Huat Holdings Sdn Bhd v MBL Plantation Sdn Bhd [2024] 3 AMR 192, HC

Civil procedure – Interrogatories – Application for – Dispute involving condition precedent to obtain state authority's consent in share sale agreement – Amended statement of claim stated consent initially obtained had been revoked – Whether application for interrogatories ought to be allowed – Whether proposed interrogatories have direct bearing on issue in dispute – Whether state authority's consent valid and subsisting – Rules of Court 2012, Order 25 r 5, Order 26 r 1

Contract – Share sale agreement – Breach – Application for interrogatories pursuant to dispute involving condition precedent to obtain state authority's consent in share sale agreement – Amended statement of claim stated consent initially obtained had been revoked – Whether application for interrogatories ought to be allowed – Whether proposed interrogatories have direct bearing on issue in dispute – Whether state authority's consent valid and subsisting – Rules of Court 2012, Order 25 r 5, Order 26 r 1

Tang Yoke Lin v Lim Seng Chiew & 3 Ors [2024] 3 AMR 211, HC

Contract – Agreements – Sale and purchase agreement ("SPA") – Validity of – Claim for ownership of property transferred to alleged lender pursuant to SPA – Property further transferred to third parties – SPA alleged as security for loan – Whether SPA, a sham to disguise illegal moneylending transaction – Whether alleged borrower entitled to declaration of ownership of property – Whether third parties were subsequent bona fide purchasers for valuable consideration – Whether alleged lender entitled to sum loaned and redemption sums paid for property if SPA declared invalid – National Land Code 1965, s 340(3)

Land law – Indefeasibility – Transfer of title – Claim for ownership of property transferred to alleged lender pursuant to SPA – Property further transferred to third parties – SPA alleged as security for loan – Whether SPA sham to disguise illegal moneylending transaction – Whether alleged borrower entitled to declaration of ownership of property – Whether third parties were subsequent bona fide purchasers for valuable consideration – Whether alleged lender entitled to sum loaned and redemption sums paid for property if SPA declared invalid – National Land Code 1965, s 340(3)