Tegas Sejati Sdn Bhd v Pentadbir Tanah dan Daerah Hulu Langat & Anor (and Another Appeal) [2024] 3 AMR 365, FC

Land law – Acquisition of land – Compensation – Appeal against dismissal of land reference proceeding by landowner – Assessor's written opinions under s 40C of the Land Acquisition Act 1960 ("LAA 1960") not made available to parties and not adequately reflected in High Court's decision – Whether written opinion under s 40C of the LAA 1960 ought to be made available to parties and form part of land reference proceedings – Whether High Court's decision ought to be set aside for non-compliance with the LAA 1960 – Federal Constitution, Article 13 – Land Acquisition Act 1960, ss 40A, 40C – Rules of Court 2012, Order 18 r 19

Dyson Manufacturing Sdn Bhd v Ketua Pengarah Kastam, Jabatan Kastam Diraja Malaysia [2024] 3 AMR 377, CA

Administrative law – Remedies – Judicial review – Appeal against – High Court refused to order certiorari to quash bill of demand for tax due under the Goods and Services Tax Act 2014 ("GST Act") – Taxpayer appointed agent of parent company (incorporated in Singapore) under s 65(6) of the GST Act – Whether registration under s 20 or appointment of agent under s 65(6) of the GST Act renders parent company's status as a person "who belongs to Malaysia" – Whether taxpayer entitled to zero-rated supply under item 12 of the Second Schedule to the Goods and Services Tax (Zero-Rated Supply) Order 2014 – Whether bill of demand ought to be quashed – Whether appellate intervention warranted – Goods and Services Tax Act 2014, ss 9, 12, 20, 43(8), 65, 65(1), (3), (6), (7) – Goods and Services Tax (Zero-Rated Supply) Order 2014, paragraphs 2(2), (2)(b)(iii), (3), Second Schedule, item 12

Revenue law – Goods and services tax – Appeal against – High Court refused to order certiorari to quash bill of demand for tax due under the Goods and Services Tax Act 2014 ("GST Act") – Taxpayer appointed agent of parent company (incorporated in Singapore) under s 65(6) of the GST Act – Whether registration under s 20 or appointment of agent under s 65(6) of the GST Act renders parent company's status as a person "who belongs to Malaysia" – Whether taxpayer entitled to zero-rated supply under item 12 of the Second Schedule to the Goods and Services Tax (Zero-Rated Supply) Order 2014 – Whether bill of demand ought to be quashed – Whether appellate intervention warranted – Goods and Services Tax Act 2014, ss 9, 12, 20, 43(8), 65, 65(1), (3), (6), (7) – Goods and Services Tax (Zero-Rated Supply) Order 2014, paragraphs 2(2), (2)(b)(iii), (3), Second Schedule, item 12

Abd Manan bin Husin (pentadbir harta pusaka bagi Haji Mat Zain bin Haji Salleh, si mati (selepas ini dirujuk sebagai "Haji Mat Zain tersebut" menurut perintah bertarikh 07.05.2021)) & Anor v Siti Zauyah binti Abdullah & 7 Ors (and Another Suit) [2024] 3 AMR 405, HC

Land law – Ownership – Application for – Claim by estate of deceased to half share in land based on constructive trust allegedly held for deceased's benefit – Administrator of deceased's estate permitted to build house and stay on land – Whether registered owner held half share of land on constructive trust for deceased or his estate – Whether permission to occupy land amounted to vested interest therein by occupier – Whether there was fraud/misrepresentation/unconscionable conduct committed by registered owner against deceased's estate – Whether claim barred by delay and laches – Whether deceased's estate slept on their right to claim ownership in land – Whether registered owner entitled to vacant possession of land – National Land Code 1965, s 89

Chan Thang Chien v Public Prosecutor (and Another Appeal) [2024] 3 AMR 433, HC

Criminal law – Offence under the Fisheries Act 1985 – Foreign fishing vessels – Passage of foreign vessel through Malaysian waters without notifying authorised officer – Appellants pleaded guilty but subsequently appealed against conviction and sentence – Appellants represented by counsel at all times – Whether charges could have been grounded – Whether vessels ought to be forfeited – Whether prosecution should notify appellants of said forfeiture – Whether s 34 of the Fisheries Act 1985 constitutional – Criminal Procedure Code, s 173 – Federal Constitution, Article 13(1) – Fisheries Act 1985, ss 16(3), 25(a), 34

Criminal procedure – Appeal – Appeal against conviction and sentence – Passage of foreign vessel through Malaysian waters without notifying authorised officer – Appellants pleaded guilty but subsequently appealed against conviction and sentence – Appellants represented by counsel at all times – Whether charges could have been grounded – Whether vessels ought to be forfeited – Whether prosecution should notify appellants of said forfeiture – Whether s 34 of the Fisheries Act 1985 constitutional – Criminal Procedure Code, s 173 – Federal Constitution, Article 13(1) – Fisheries Act 1985, ss 16(3), 25(a), 34

Goldpage Asset Sdn Bhd (in liquidation) v Bank Islam Malaysia Berhad & Anor (and Another Originating Summons) [2024] 3 AMR 448, HC

Contract – Breach – Loan agreement cum assignment – Default in loan repayment resulting in property auctioned by bank – Borrower claimed to be only beneficial owner with no power to sell as master title to property still with original owner – Whether deed of assignment unequivocally assigned right to sell to bank – Whether absence of issue document of title with bank resulted in invalid sale of property – Whether bank had right to sell property – Whether doctrine of res judicata applicable in view of earlier suit challenging auction already adjudicated

Mi Technovation Berhad & Anor v Chin Yong Keong & 8 Ors [2024] 3 AMR 460, HC

Civil procedure – Discovery and inspection of documents – Application for – Action for breach of confidence by ex-employees – Discovery of documents sought for internal audit – Whether discovery of documents unwarranted having no nexus with core dispute – Whether application a fishing expedition

Civil procedure – Interrogatories – Application for – Action for breach of confidence by ex-employees – Proposed questions in relation to form of storage, access and internal control regulation of confidential information – Whether interrogatories unwarranted having no nexus with core dispute – Whether application a fishing expedition

STM Trading & Enterprise Sdn Bhd v Sara Hanis bin Sharom [2024] 3 AMR 477, HC

Labour law – Employment – Termination – Labour Court ordered employer to pay employee salary in lieu of three months' notice on ground of immediate termination – Employee suspected of misappropriating gold stock from shop based on CCTV footage – Internal audit panel comprised the employee's superior who could be prejudiced or biased against employee – Employee uninformed about allegations – Whether internal audit conducted properly by employer – Whether CCTV footage showed employee carrying out suspicious activity, as alleged – Whether immediate termination of employee valid