Ahmad Ikhwan bin Ahmad Fauzi v Mohd Fahimi bin Endut (bapa dan waris kepada Ahmad Safwan Hanim bin Mohd Fahimi (si mati)) & 4 Ors (and Another Appeal) [2024] 3 AMR 825, FC

Tort – Damages – Assault and battery – Appeal – Victim of school bullying sustained injuries and lost hearing in right ear – Students who assaulted victim ("first to fifth defendants") charged and pleaded guilty under ss 323 and 34 of the Penal Code before Magistrate's Court – Victim sued first to fifth defendants, persons in charge of school and government ("sixth to ninth defendants") for damages – Court of Appeal reversed High Court's decision in finding defendants liable for tort and awarding general, special and exemplary damages – Whether admission of guilt to criminal charges admissible or relevant in civil proceedings – Whether bullying or assault reasonably foreseeable – Whether sixth to ninth defendants owe duty of care to students in ensuring their safety, welfare and well-being within school premises – Whether sixth to ninth defendants vicariously liable for first to fifth defendants' actions – Whether victim entitled to damages – Penal Code, ss 34, 323

Tort – Vicarious liability – Damages – Appeal – Victim of school bullying sustained injuries and lost hearing in right ear – Students who assaulted victim ("first to fifth defendants") charged and pleaded guilty under ss 323 and 34 of the Penal Code before Magistrate's Court – Victim sued first to fifth defendants, persons in charge of school and government ("sixth to ninth defendants") for damages – Court of Appeal reversed High Court's decision in finding defendants liable for tort and awarding general, special and exemplary damages – Whether admission of guilt to criminal charges admissible or relevant in civil proceedings – Whether bullying or assault reasonably foreseeable – Whether sixth to ninth defendants owe duty of care to students in ensuring their safety, welfare and well-being within school premises – Whether sixth to ninth defendants vicariously liable for first to fifth defendants' actions – Whether victim entitled to damages – Penal Code, ss 34, 323

Holsten Marketing (M) Sdn Bhd & 2 Ors v TSK Commodities Sdn Bhd [2024] 3 AMR 840, CA

Contract – Sale of goods – Breach – Claim for damages and refund of monies – Alleged failure of delivery of goods despite 10% of purchase price paid – Seller claims non-compliance with pre-requisite condition of issuance of purchase order within stipulated time, entitling it to forfeit sum paid – Whether seller or buyer breached contract – Whether contract frustrated – Whether forfeiture of pre-deposit money

Arbae'yah binti Zakariya v Public Prosecutor [2024] 3 AMR 863, HC

Criminal procedure – Revision – Pre-trial detention – Detained minor suffering from mental illness directed to be remanded in prison – Whether prison was appointed place of detention under s 58 of the Child Act 2001 ("the Act") – Whether minor could be detained in prison in view of s 86(1)(c) of the Act – Whether court ought to exercise revisionary powers – Criminal Procedure Code, s 342(5) – Penal Code, s 300

Dharshiinie a/p Nalliah v Jabatan Pendaftaran Negara Malaysia Negeri Pulau Pinang & 3 Ors [2024] 3 AMR 876, HC

Administrative law – Remedies – Judicial review – Order of certiorari sought to quash decision of first respondent ("state authority") to reject marriage registration application under the Law Reform (Marriage and Divorce) Act 1976 – Applicant's identity card stated her religion as Hindu but based on state authority's records, her natural mother who passed away was Muslim – Applicant relied on deed poll by her late mother renouncing Islam for Hinduism – Whether court empowered to determine validity of deed poll and/or applicant's religion in judicial review proceedings – Whether Syariah Court was the competent court – Whether applicant's marriage could be registered under the Law Reform (Marriage and Divorce) Act 1976 – Whether state authority's decision tainted with procedural irregularity warranting judicial intervention – Federal Constitution, Article 121(1A) – Law Reform (Marriage and Divorce) Act 1976

Jason Jonathan Lo v Star Media Group Berhad & 3 Ors [2024] 3 AMR 887, HC

Tort – Defamation – Libel – Damages – Articles and Facebook post published without naming plaintiff, portraying him as violent and sexual offender – Several netizens reacted negatively against plaintiff after publication – Whether impugned statements made against plaintiff – Whether statements defamatory of plaintiff – Whether defence of justification and qualified privilege available to journalist authors/publishers – Whether plaintiff entitled to damages

Paul Raj a/l Samy Raj v Majlis Bandaraya Seberang Perai [2024] 3 AMR 915, HC

Civil procedure – Costs – Taxation of costs – Application for – Suit previously struck out pursuant to request to withdraw suit – Fixed costs ordered – Plaintiff applied to tax fixed costs according to scale of costs – Whether application proper – Whether application abuse of court's process – Whether application ought to be allowed – Courts of Judicature Act 1964, s 68(1)(c) – Rules of Court 2012, Order 1A, Order 92 r 4

Yee Xiang Xin (seorang di bawah umur dan membawa tindakan ini melalui ibu yang sah serta sahabat wakilnya plaintif kedua) & Anor v Ketua Pengarah Jabatan Pendaftaran Negara & 2 Ors [2024] 3 AMR 921, HC

Constitutional law – Citizenship – Citizenship by operation of law – Adoptive parent sought citizenship of abandoned child – Malaysian clinic where child allegedly found, denied having any record of child's birth – Documents submitted to obtain child's birth certificate allegedly forged – Whether child was abandoned at clinic – Whether child born in Malaysia – Whether child eligible to seek Malaysian citizenship – Births and Deaths Registration Rules 2019 – Federal Constitution, Second Schedule, section 1(a), (e) of Part II, section 19B of Part III