Adleesya Beauty Sdn Bhd & Anor v Khairunisa Nadia binti Karip (trading in the name and style of Nadeen Beauty) [2024] 3 AMR 245, HC

Civil procedure – Injunctions – Interim injunction – Dispute on trademark and passing off between co-founders and directors of company – Injunction sought by both parties pending decision on liability – Practical effect of injunction – Whether competing business should be shut down – Whether bona fide serious issues to be tried existed – Whether balance of convenience lay in favour of granting injunction – Whether damages appropriate remedy

Amanah Raya Berhad v Mesiniaga Berhad [2024] 3 AMR 258, HC

Contract – Breach – Damages – Delayed delivery of project – Notice of default sent by plaintiff followed by notice mentioning expiration of contract – Whether delay in project attributable to plaintiff – Whether defendant failed to fulfil obligation of timely delivery of project – Whether software chosen by defendant for project merchantable – Whether defendant's works did not comply with plaintiff's requirements contained in tender documents – Whether termination or rescission of contract by plaintiff lawful – Whether contract continuous in nature even after expiration of project delivery date – Whether plaintiff or defendant entitled to damages

Contract – Termination – Service provider agreement – Claim for damages – Delayed delivery of project – Notice of default sent by plaintiff followed by notice mentioning expiration of contract – Whether delay in project attributable to plaintiff – Whether defendant failed to fulfil obligation of timely delivery of project – Whether software chosen by defendant for project merchantable – Whether defendant's works did not comply with plaintiff's requirements contained in tender documents – Whether termination or rescission of contract by plaintiff lawful – Whether contract continuous in nature even after expiration of project delivery date – Whether plaintiff or defendant entitled to damages

Khaliq Mehtab bin Mohd Ishaq & 3 Ors v Dewan Undangan Negeri Pulau Pinang & Anor [2024] 3 AMR 297, HC

Constitutional law – State Legislative Assembly – Validity of resolution – Motion and resolution passed against four assemblymen to vacate elected seats pursuant to motion under Article 14A of the Constitution of the State of Penang ("PSC") ("impugned motion") – Whether impugned motion ex facie defective – Whether declaration that said assemblymen's seats were vacant was within legal framework of Article 14A of the PSC – Whether Article 14A of the PSC applicable – Whether impugned motion and any resolution passed thereto non-justiciable under Article 18 of the PSC and/or Article 72(1) of the Federal Constitution – Constitution (Amendment) (No. 3) Act 2022, s 6 – Constitution of the State of Penang, Articles 14A, 14A(1), (1)(a), 18 – Federal Constitution, Articles 49A, 72(1)

Reezal Jai Rihan bin Abdullah v Danesh a/l Sivadas & Anor [2024] 3 AMR 321, HC

Tort – Defamation – Damages – Complaints made to insurance company against alleged wrongdoing by its employee, under his own insurance agency – Insurance policies in complainant's family members' names allegedly taken without their volition – Company conducted investigation and refunded sums paid by complainant for said policies – Whether complaints amounted to defamation against employee – Whether employee entitled to damages for potential loss of income

Contract – Fraud – Damages – Complaints made to insurance company against alleged wrongdoing by its employee, under his own insurance agency – Allegation that employee and complainant had agreed for creation of joint venture for a business via letter of intent and had cheated and misappropriated sums allegedly belonging to complainant – Whether complaints amounted to defamation against employee – Whether employee's signature on letter of intent was forged by complainant – Whether complainant committed fraud and/or forgery – Whether employee entitled to damages for potential loss of income

Wilfred Lee Vui Ming v Khoo Mum Huah and The Illegal Occupiers of The Property Held under Country Lease No. 125348898, District of Semporna [2024] 3 AMR 359, HC

Land law – Summary proceedings – Possession of land – Registered owner sought recovery of land against occupier – Occupier relied on temporary occupation licences and payment of deposit for issued registered survey paper ("RSP") to prove right to occupy land – Whether occupier was squatter or trespasser – Whether payment of deposit for RSP conferred any right in land – Whether occupier had right to enter and occupy subject land – Land Rules 1954, rule 2(4) – Rules of Court 2012, Order 89 r 1