Julian Chong Sook Keok & Anor v Lee Kim Noor & Anor [2024] 4 AMR 237, FC

Tort – Negligence – Client-solicitor relationship – Limitation – Court of Appeal dismissed suit solely for being time-barred – High Court's finding on solicitor's negligence undisturbed – Sale and purchase agreement drafted by solicitor in 2004 without conducting land search which was later discovered to be charged to bank – Bank's notice to foreclose and demand redemption sum received in 2014 – Whether suit for negligence time-barred – Whether limitation commenced from date of agreement or date of bank's notice – When does time run in a claim or cause of action founded in tort of negligence and negligent misstatement – Does time run from first or last act complained of – Whether appellate intervention warranted – Whether Court of Appeal's decision in AmBank(M) Bhd v Abdul Aziz Hassan & Ors [2010] 3 MLJ 784 still good law – Limitation Act 1953, s 6A

BJ Homes Development Sdn Bhd v Daveender Singh a/l Sarjeet Singh [2024] 4 AMR 265, HC

Contract – Settlement agreement – Validity of – Settlement agreement on payment for liquidated damages allegedly entered under duress and compulsion – Whether settlement agreement valid and enforceable – Whether there was duress – Whether suit not maintainable for lack of locus standi under s 22(c) of the Housing Development (Control and Licensing) Act 1966 – Housing Development (Control & Licensing) Act 1966, s 22(c)

Gopela Krishnan a/l Arumugam v Public Prosecutor [2024] 4 AMR 284, HC

Criminal procedure – Revision – Inquiries of death – Finding of open verdict – Deceased shot to death by police – Shots fired claimed to be in self-defence after car chase – Whether finding justified and correct – Whether ought to be set aside – Whether there was lack of judicial appreciation of evidence – Whether coroner exceeded jurisdiction under s 337 of the Criminal Procedure Code in expressing concern over inquest proceedings – Whether police's version of events lacked credibility – Whether coroner's undue inclination towards police version improper – Whether coroner ought to have arrived at definitive verdict of "homicide" instead of open verdict – Courts of Judicature Act 1964, s 35(1) – Criminal Procedure Code, ss 325(1), 337

Inquiries of death – Coroner's verdict – Appeal against – Open verdict – Deceased shot to death by police – Shots fired claimed to be in self-defence after car chase – Whether finding justified and correct – Whether ought to be set aside – Whether there was lack of judicial appreciation of evidence – Whether coroner exceeded jurisdiction under s 337 of Criminal Procedure Code in expressing concern over inquest proceedings – Whether police's version of events lacked credibility – Whether coroner's undue inclination towards police version improper – Whether coroner ought to have arrived at definitive verdict of "homicide" instead of open verdict – Courts of Judicature Act 1964, s 35(1) – Criminal Procedure Code, ss 325(1), 337

Khoo Mum Huah v Wilfred Lee Vui Ming [2024] 4 AMR 301, HC

Land law – Ownership – Possession of land – Appeal by registered owner against order of Director of the Lands and Surveys Department affirming subdivision of disputed land by Assistant Collector of Land Revenue in favour of occupier – Whether occupier established joint ownership over land – Whether occupier entitled to seek subdivision of land – Whether appellate intervention warranted – Land Ordinance, s 41

MIL v MON (and Another Originating Summons) [2024] 4 AMR 307, HC

Family law – Children – Custody – Father granted custody over child born out of wedlock – Upon the father's death, the child's mother and half-sister sought guardianship, custody, care, and control of child – Child continued to reside under half-sister and her siblings' care – Whether material change in circumstances established to justify variation of court order – Whether s 6 of the Guardianship of Infants Act 1961 automatically shifts custody of child to surviving parent – Whether custody of child ought to be granted to her half-sister or mother – Whether variation application procedurally flawed for not substituting father's administratrix as party – Guardianship of Infants Act 1961, s 6 – Law Reform (Marriage and Divorce) Act 1976, ss 83, 84, 96, 97

Nordin bin Mahamud v MW Assembler Sdn Bhd (previously known as Crusk Assembler Sdn Bhd) & Anor [2024] 4 AMR 324, HC

Civil procedure – Injunctions – Interim injunction – Application for – Dispute regarding promise of shares and appointment of plaintiff as director and chairman pursuant to acquisition of company – Allegation of breach of contract seeking monetary and not declaratory reliefs regarding ownership of shares – Plaintiff applied to injunct/restrain management affairs of company – Whether there were serious questions to be tried – Whether balance of convenience lay in favour of plaintiff – Whether reliefs claimed could stand in absence of claim for ownership or transfer of requisite shares – Whether application relevant to preserve status quo of parties – Whether payment of damages adequate remedy for plaintiff – Whether application ought to be allowed – Rules of Court 2012, Order 29 r 1, Order 92 r 4

Wong Fook Thian & 2 Ors v Raub Energy Venture (RE) Sdn Bhd & Anor [2024] 4 AMR 334, HC

Tort – Negligence – Breach of duty – Claim for damages – Plaintiffs complained of trespass and nuisance on their lands for construction works carried out by defendants on adjoining lands – Whether plaintiffs proved ownership over allegedly trespassed lands – Whether plaintiffs' claims of trespass, nuisance and/or negligence proved – Whether plaintiffs entitled to damages – Evidence Act 1950, s 73A(3)

Tort – Trespass – Encroachment – Claim for damages – Plaintiffs complained of trespass and nuisance on their lands for construction works carried out by defendants on adjoining lands – Whether plaintiffs proved ownership over allegedly trespassed lands – Whether plaintiffs' claims of trespass, nuisance and/or negligence proved – Whether plaintiffs entitled to damages – Evidence Act 1950, s 73A(3)