Sheila Sharon a/p Steven Kumar v Public Prosecutor [2024] 4 AMR 1, CA

Criminal procedure – Acquittal or discharge – Discharge not amounting to acquittal ("DNAA") – Substitution of magistrate's order of discharge amounting to acquittal to DNAA by High Court in accused's absence – Accused sought leave to appeal against said decision – Whether High Court violated principles of natural justice – Whether there was miscarriage of justice – Whether leave to appeal should be granted – Courts of Judicature Act 1964, s 50(2) – Criminal Procedure Code, s 323 – Penal Code, ss 506, 509

Hizkia Choi Yun Hin v Ketua Eksekutif, Pertubuhan Keselamatan Sosial [2024] 4 AMR 14, HC

Labour law – Social security – Disablement benefit – Accident occurred during appellant's journey back to work from sister's house to workplace – Whether appellant an employee under s 2(5) of the Employees' Social Security Act 1969 ("the Act") – Whether accident occurred within appellant's course of employment – Whether appellant entitled to claim for injuries suffered – Employees' Social Security Act 1969, ss 2(5), 24(1), (1)(b), (2)(a)

HLC v PTL (GEN – Co-Respondent) [2024] 4 AMR 23, HC

Family law – Divorce – Petition and cross-petition – Wife left matrimonial home with children due to alleged adultery, physical abuse and sexual abuse of female children by husband – Marital agreement executed by parties after marriage addressed matters on adultery; child custody and maintenance – Whether marital agreement voluntarily executed by wife – Whether marital agreement valid and binding between parties – Whether allegations of adultery and abuse proved against husband – Whether breakdown of marriage attributable to wife or husband – Whether wife entitled to spousal maintenance – Whether husband liable to pay child maintenance – Whether husband entitled to have access to children – Whether wife entitled to equal division of matrimonial assets – Contracts Act 1950, s 24(b) – Evidence Act 1950, s 114A – Law Reform (Marriage and Divorce) Act 1976, s 54(1)(a)

Huat Siang Hardware Sdn Bhd v Amir Faezal Norzela & Chong (mengamal sebagai satu firma perkongsian) [2024] 4 AMR 88, HC

Professions – Advocates and solicitors – Negligence – Misrepresentation – Purchaser executed sale and purchase agreement ("SPA") and memorandum of transfer ("MOT") prepared by its legal firm – 10% of purchase price paid – Failure to register vendors' power of attorney ("POA") with Land Office – Purchaser advised to re-execute SPA and MOT – Existing signing page removed and replaced with newly signed page – Whether legal firm failed to exercise standard of care expected of solicitors in land transactions – Whether legal firm should have ensured POA was deposited with Land Office before advising its client to execute SPA and pay deposit – National Land Code, s 310 – Powers of Attorney Act 1949

Tort – Professional negligence – Advocates and solicitors – Misrepresentation – Purchaser executed sale and purchase agreement ("SPA") and memorandum of transfer ("MOT") prepared by its legal firm – 10% of purchase price paid – Failure to register vendors' power of attorney ("POA") with Land Office – Purchaser advised to re-execute SPA and MOT – Existing signing page removed and replaced with newly signed page – Whether legal firm failed to exercise standard of care expected of solicitors in land transactions – Whether legal firm should have ensured POA was deposited with Land Office before advising its client to execute SPA and pay deposit – National Land Code, s 310 – Powers of Attorney Act 1949

Public Prosecutor v Nur Bakti bin Abd Rahman & Anor [2024] 4 AMR 100, HC

Criminal law – Anti-trafficking in persons and anti-smuggling of migrants – Offence of smuggling of migrants – Accused at first instance pleaded guilty to charge – Sentence of four years' imprisonment – Whether sentence just and proper – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, s 26A

Criminal procedure – Sentence – Adequacy of sentence – Offence of smuggling of migrants – Accused at first instance pleaded guilty to charge – Sentence of four years' imprisonment – Whether sentence just and proper – Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, s 26A

River Pool Resources (M) Sdn Bhd v Wong Kit Leong [2024] 4 AMR 113, HC

Labour law – Employment – Dismissal – Appeal against Labour Court's order for payment of salary in lieu of one month's notice – Counterclaim by employer for overpayment of commission – Whether respondent an employee covered under the Employment Act 1955 – Whether Labour Court erred in dismissing employer's claim – Whether appeal ought to be allowed – Employment Act 1955, s 24